Michigan Service of Process Rules
Michigan
State Serve Rules
Affidavit
Notary
Not Required
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve care/custody
Jail Care Custody Service
Yes, state requires service on the warden or person in charge (per court rule 2.004 can only serve defendant in domestic and child custody cases; form for warden to serve and incarcerated to acknowledge service)
Jail Personal Service
Required (by warden only in domestic and child custody cases)
Service to a minor
parent/guardian
Proof Specialists
Mirrors Fed Rules
No
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
Legally competent adult
Residential substitute service
Not Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes (served in same manner as Summons in Michigan)
Substitute serve by posting (Nail & Mail)
Permissible, with court order; post in courthouse and two other places; must mail
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - TM
Mail is required for all service types. No need to mail again at posting.
Mailing
Certified Mail
Required
Mail always?
Yes
Mail if posted
Not Required
Mail if subserve
Yes
Mail SLA
Same day
Posting Rules
Due Diligence Prior to Posting
Required
Posting
Permissible
Eviction Posting Rules
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
Optional
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Server
**Who May Serve.** Process in civil actions may be served by any legally competent adult who is not a party or an officer of a corporate party.
**Personal Service, Individuals.** Process may be served on a resident or nonresident individual by, (1) delivering a summons and a copy of the complaint to the defendant personally.
**Corporations.** (1) by serving a summons and … complaint on an officer or the resident agent; (2) by serving … on a director, trustee, or person in charge of an office or business establishment of the corporation and sending a summons and a copy of the complaint by registered mail, addressed to the principal office of the corporation; (3) by serving … on the last presiding officer, president, cashier, secretary, or treasurer of a corporation that has ceased to do business by failing to keep up its organization by the appointment of officers … or whose term of existence has expired;
**Return of Service.** An affidavit stating the facts of service, including the manner, time, date, and place of service, and indicating the process server’s official capacity, if any.
**In all cases, please obtain:**
- The full name of the servee. If no name is given, you can use John/Jane Doe
- Pictures of your attempt, a picture of the house/building served would be best. Try not to take pictures of people without their permission.
- Any license plates and/or vehicles
**Personal Service, Individuals:** If the defendant/servee is available, serve the documents to them personally.
**Corporations:** Attempt to serve the Registered Agent named. If the Registered Agent is a company (CSC, CT, Corporate Creations, etc.) they will have an Intake Specialist or Clerk accept service. You can also subserve a director, president, employee or servant of the defendant. Please obtain the title of the person served.
**Posting:** Please post the documents to the front door of the premises. If it is an apartment, we can only post on the unit door.
**Process:** After successful service, please include any physical descriptions of the defendant as well as a description of how the attempt occurred. Making sure to point out any suspicious behavior.
**Unsuccessful service:** If the service is unsuccessful, please determine if the address is bad by trying to locate any identifying information. (packages addressed to the servee, neighbors that could know who resides there) Please clarify in the description why you think so.
