Mississippi State Process Service

$179 Routine - $229 Rush

In Mississippi, the service of process is governed by the Mississippi Rules of Civil Procedure, specifically Rule 4, as well as various statutes. Here are the general rules and guidelines for service of process in Mississippi:

1. Who Can Serve Process

Sheriff or Constable: The process can be served by a sheriff or constable within the county where the defendant is found.
Private Individuals: Any non-party who is at least 18 years old and not interested in the outcome of the case may serve process. This includes private process servers.

2. Types of Service

Personal Service: The defendant is served directly, either by the sheriff, constable, or a private individual. This is the most effective method.
Substitute Service: If the defendant cannot be personally served, the process can be served to a suitable person at the defendant's home or place of business. This person must be at least 18 years old and reside or be employed at that location.
Service by Mail: In some circumstances, service can be completed by certified mail, with a return receipt requested.
Service on Corporations: Corporations can be served by delivering the process to an officer, managing agent, or registered agent of the company.

3. Service by Publication

If a defendant cannot be found after diligent search, the court may allow service by publication. The plaintiff must publish notice in a newspaper of general circulation in the county where the defendant resides or is last known to have resided.
A court order is required to proceed with service by publication.

4. Timeframe for Service

The summons must be served within 120 days of filing the complaint. If not served within that time frame, the plaintiff may need to show cause as to why service was not completed.

5. Return of Service

The person who serves the process must file a return of service with the court, stating how and when the defendant was served. The return can also be signed by the individual who served the process.

6. Waiver of Service

A defendant may waive the formal service of process by signing a waiver. This typically applies in civil cases and simplifies the process for both parties.

7. Alternative Service Methods

Registered Agent: For businesses, the service can be made to the registered agent.
Out-of-State Service: If the defendant resides out of state, service can be made in accordance with the Uniform Interstate and International Procedure Act.

8. Service on Government Entities

Special rules apply for serving government entities, and generally require service on the attorney general or a specific governmental office depending on the party being sued.