MI Process Serving Laws

Process Server Laws in Michigan

13 laws and regulations governing process service in Michigan

Requirements to Become a Process Server in Michigan

License Required

NoMichigan does not require a license or registration. Any legally competent adult who is not a party or officer of a corporate party may serve process under MCR 2.103(A).

Age Requirement

18

Governing Statutes

Michigan Court Rules (MCR) Chapter 2: MCR 2.102, 2.103, 2.104, 2.105, 2.106; MCL 600.2559 (fees)

Special Requirements

No statewide bonding, training, or certification required. Cannot serve on election days (MCL 600.1831). Restrictions on service at religious services or in court buildings.

Allowed Service Types

Personal service, certified or registered mail with acknowledgment, substituted service on agent or resident for nonresidents/minors/guardians, court-ordered alternative service including publication, posting, or mailing (MCR 2.105, 2.106)

Michigan Process Serving Laws

Personal Service of Process in Michigan

Personal Service

MCR 2.105(A)(1): delivering summons and complaint to defendant personally. Served.com MCR;

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Process Server Registration/Licensing in Michigan

Process Server Requirements

No statewide licensing/registration/bonding/certification required for process servers. No overseeing agency

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Who May Serve Process in Michigan

Process Server Requirements

MCR 2.103(A): Legally competent adult (18+), non-party (not officer of corp party). Special cases (seizure/arrest/institution) restricted. Served.com

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Proof of Service / Affidavit Requirements in Michigan

Proof of Service

MCR 2.104(A)(3): affidavit (non-officials) or written statement verified under MCR 1.109(D)(3) "penalty of perjury" language. No notary required. Also MCL 600.1910(c) penalty of perjury. Served.com

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Does Michigan require a notarized affidavit for proof of service?

Michigan requires notarized affidavit; MCR 2.104 governs return.

proof_of_service

Michigan standard practice is to file a notarized affidavit of service. MCR 2.104 governs proof of service. The Mighty Affidavit Generator automatically includes a notary jurat block for Michigan filings.

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Criminal Protections for Process Servers in Michigan

Server Protection

No specific statute elevating assault/threat/obstruction of process server to special crime (misd/felony). General assault laws apply

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Property Access Rights for Process Servers in Michigan

Server Protection

MCL 750.552(2): Trespass statute exemption for process servers on direct route to serve owner/occupant/agent/lessee. WomensLaw.org

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Service by Publication in Michigan

Service by Publication

MCR 2.106: Court order when service under MCR 2.105 not reasonably possible. Served.com; MI Courts

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Subpoena Service in Michigan

Service Methods

MCR 2.506(G)(1): Served anywhere in MI per MCR 2.105 manner (civil process service). Applies civil/criminal. Served.com; MI Courts

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Family Law Service of Process in Michigan

Special Circumstances

No unique statutes found; follows general MCR 2.105 rules, recommends process servers for initial papers due to safety. MI Courts Benchbook; MI Legal Help

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Small Claims Service in Michigan

Special Circumstances

MCL 600.8405 / MCR 4.303: Certified mail (addressee only, except corp/partnership) or personal service; court may order alternate if not possible. MI Courts DCMM

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Unique Provisions for Service of Process in Michigan

Special Provisions

MCL 600.1831: No service election day/Sunday/church within 500ft (judge may allow w/affidavit cause). MCL 600.1835: Privileged - court attendees, legislators on session days (cert mail ok), extradited persons. No time-of-day or gated specifics. ServeNow; Served.com

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Substituted Service in Michigan

Substituted Service

MCR 2.105(B) individuals (nonresident agent+mail, minors/guardian, assumed name office+mail); MCR 2.105(I)/2.105(J)(1): court discretion alternate if cannot reasonably serve. Served.com

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