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
- 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.
- 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).