Michigan State Process Service

$179 Routine - $229 Rush

 Service of process rules in Michigan are governed by the Michigan Court Rules (MCR). Below is a summary of key rules related to service of process in Michigan:

General Rules

  1. Who Can Serve:
    • Any legally competent adult who is not a party to the case may serve process.
    • A process server, sheriff, or deputy sheriff is often used.
  2. Methods of Service:
    Service methods vary based on the type of case and the party being served. Common methods include:
    • Personal Service: Delivering documents directly to the individual.
    • Substituted Service: Leaving documents with someone of suitable age and discretion at the defendant's residence.
    • Certified Mail: In certain cases, service can be completed via certified mail, return receipt requested.

Specific Rules

Individual Service (MCR 2.105(A)):

  • Service on an individual is typically done by:
    • Delivering the documents personally to the defendant.
    • Delivering the documents to someone of suitable age and discretion at the defendant's dwelling or usual place of abode.

Service on a Corporation or LLC (MCR 2.105(D) & (H)):

  • Serve the resident agent, an officer, or the person in charge of the office.
  • If none can be located, service may be made on the corporation through the Michigan Department of Licensing and Regulatory Affairs (LARA).

Service by Mail (MCR 2.105(B)):

  • In cases where permitted, certified mail can be used.
  • Service is considered complete when the defendant signs the return receipt.

Service by Alternate Methods:

  • If standard methods are impracticable, a court may allow alternate service methods, such as posting at the defendant's residence or publication in a newspaper (MCR 2.106).

Timeframes:

  • Service must generally be completed within 91 days after filing the complaint, per MCR 2.102(D).
  • If service is not completed within this period, the case may be dismissed without prejudice.

Proof of Service:

  • The person who serves the documents must complete and file a proof of service (MCR 2.104).