Last updated: March 2026. This guide provides general information about Michigan process serving laws and should not be construed as legal advice. Consult an attorney for specific legal questions.
What Is Process Serving?
Process serving is the legal procedure of delivering court documents and legal notices to a person or entity involved in a legal proceeding. In Michigan, proper service of process is a constitutional requirement -- it ensures that all parties receive notice of legal actions against them and have an opportunity to respond. Without proper service, a court case cannot proceed.
Michigan Court Rules for Service of Process
Service of process in Michigan is governed primarily by the Michigan Court Rules (MCR), specifically:
- MCR 2.102 -- Issuance and expiration of summons (91-day rule)
- MCR 2.103 -- Who may serve process
- MCR 2.104 -- Process and proof of service
- MCR 2.105 -- Manner of service (the primary rule for how service must be performed)
- MCR 2.106 -- Service by publication and posting
- MCR 2.107 -- Service and filing of pleadings after the initial complaint
Who Can Serve Legal Papers in Michigan?
Under MCR 2.103, process may be served by:
- Any legally competent adult (age 18 or older) who is not a party to the action
- A sheriff or deputy sheriff
- A court officer
- A professional process server
- An attorney in the case (in some circumstances)
While Michigan does not require professional process servers to hold a specific state license, professional servers offer significant advantages: proper documentation, knowledge of legal requirements, experience with evasive defendants, and the ability to provide notarized affidavits of service.
Methods of Service in Michigan (MCR 2.105)
1. Personal Service (Primary Method)
The preferred and most legally solid method. The process server delivers the documents directly to the named individual. The server identifies the person and hands them the documents. The person being served does not need to accept or read the documents -- simply being presented with them constitutes valid service.
2. Service on Individuals at Their Residence
If personal service cannot be accomplished, documents may be left at the individual's usual place of residence with a member of the household who is of suitable age and discretion. The server must also mail a copy to the defendant's last known address.
3. Service on Corporations and Businesses
Service on a Michigan corporation can be made by serving:
- A corporate officer or the resident agent
- A director of the corporation
- Any person in charge of the corporate office
The registered agent information can be found through the Michigan Department of Licensing and Regulatory Affairs (LARA) business entity search.
4. Service by Publication and Posting (MCR 2.106)
When a defendant cannot be found after diligent effort, the court may authorize service by publication in a newspaper and/or posting at the defendant's last known address. This is a last resort and requires a court order.
The 91-Day Summons Rule (MCR 2.102)
A critical timeline in Michigan process serving: a summons expires 91 days after the date it is issued. If the defendant is not served within this window, the plaintiff must request a new summons from the court. Missing this deadline can delay your case significantly.
Proof of Service (Affidavit of Service)
After completing service, the process server must file a Proof of Service (also called an Affidavit of Service) with the court. This sworn document includes:
- The name of the person served
- The date, time, and location of service
- The method of service used
- A description of the person served
- The server's signature, notarized
This document is essential -- without it, the court has no record that service was properly completed.
Audio/Video Documentation: Legal Under Michigan Law
Michigan is a one-party consent state under MCL 750.539c. This means that a process server may legally record audio and video of a serve as long as they are a party to the interaction and consent to the recording themselves. The other party does not need to be notified or consent.
Audio/video documentation of process serving provides several advantages:
- Eliminates the "I was never served" defense -- Time-stamped video shows exactly when, where, and how service was performed
- GPS location verification -- Confirms the exact location where service occurred
- Court-ready evidence -- Supplements the written affidavit with visual proof
- Protects the process server -- Documents the server's professional conduct
- Protects the attorney and client -- Provides undeniable proof of proper service
MI Process Serve is the first and only process serving company in Michigan to include audio/video time-stamped documentation with every serve at no extra charge. This service is fully compliant with MCL 750.539c and provides the strongest possible proof of service for Michigan courts.
Common Questions About Michigan Process Serving
Can I serve papers myself in Michigan?
No. Under MCR 2.103, a party to the action cannot serve their own process. You must have someone else -- a friend, family member, or professional process server -- serve the documents. The server must be at least 18 years old and legally competent.
Can papers be served on Sundays and holidays in Michigan?
Yes. Michigan has no restriction on Sunday or holiday service. Documents can be legally served any day of the year, at any reasonable time. Weekend and evening service is often more effective because defendants are more likely to be at their residence.
What if the person refuses to accept the papers?
In Michigan, the defendant does not need to physically accept the documents. If the process server identifies the correct person and places the documents within their reach (such as at their feet or on the ground in front of them), service is considered complete. Refusal to accept does not invalidate service.
How many attempts should a process server make?
Michigan law does not specify a minimum number of attempts, but courts generally expect "reasonable diligence" before allowing alternative service methods. Most professional process servers make a minimum of 3 attempts at varying times (morning, afternoon, evening) and on different days (weekdays and weekends). MI Process Serve includes a minimum of 3 attempts with every service order.
What is skip tracing?
Skip tracing is the process of locating a person who cannot be found at their known addresses. Professional skip tracing uses database searches, public records, social media analysis, and investigative techniques to find current addresses and locations. This service is often needed for defendants who have moved, are evading service, or whose address is unknown.
Types of Documents Requiring Service in Michigan
- Summons and Complaints -- Initiating a civil lawsuit
- Subpoenas -- Requiring witness testimony or document production
- Divorce Papers -- Complaint for Divorce, motions, orders
- Custody and Support Orders -- Modifications, enforcement
- Personal Protection Orders (PPOs) -- Domestic and non-domestic
- Eviction Notices -- Notice to Quit, Summons and Complaint, Writ of Restitution
- Garnishment Orders -- Wage and bank garnishments
- Small Claims -- Affidavit and Claim, counterclaims
- Business Litigation -- Corporate disputes, contract actions
- Foreclosure Documents -- Notices and legal filings
Why Hire a Professional Process Server?
While Michigan law allows any competent adult to serve papers, professional process servers offer critical advantages:
- Legal knowledge -- Understanding of MCR requirements prevents defective service
- Proper documentation -- Notarized affidavits and (with MI Process Serve) audio/video proof
- Multiple attempts -- Persistent service at varying times for evasive defendants
- Skip tracing -- Ability to locate defendants who have moved
- Court compliance -- Service that withstands legal challenges
- Safety -- Trained to handle confrontational situations professionally
- Speed -- Faster completion than sheriff's service (which can take weeks)
Michigan Courts by County
MI Process Serve provides process serving for cases filed in courts across Michigan, including:
- Wayne County -- 3rd Circuit Court (Detroit), 36th District Court
- Oakland County -- 6th Circuit Court (Pontiac), 46th-52nd District Courts
- Macomb County -- 16th Circuit Court (Mt. Clemens), 37th-42nd District Courts
- Washtenaw County -- 22nd Circuit Court (Ann Arbor), 14A/14B District Courts
Need Documents Served in Michigan?
MI Process Serve provides professional process serving with audio/video documentation throughout all 83 Michigan counties. Free quotes available.
Request Free Quote Call (248) 268-0097