Knowing the rules surrounding process servers in Michigan is essential to serve process in compliance with state laws. Even minor mistakes can have devastating consequences for your court case, including grounds for dismissal. Avoiding mistakes in the service of process saves your firm time, money, and keeps your clients happy. The most common mistakes made by process servers include:
Not serving the correct person
You must always be sure the correct person is served, in-person, for service of process to be valid, unless special permission has been granted by a judge. However, especially for divorce or other domestic proceedings, the defendant or witness may not be willing to verify their identity or even acknowledge they are being served. The process server must know beyond a shadow of a doubt that the person they are attempting to serve is the intended target, whether it be a defendant, witness, or other case parties. Serving the wrong person because their identity was not adequately verified invalidates the service and can get an entire case dismissed.
Not completing proof of service
Proof of service should be completed at the end of each service. There is a place to complete proof of service located on the court summons. Proof of service must be signed by the server in front of a notary, and then filed with the court holding the case or hearing. Not completing a proof of service can invalidate the service in some cases, but not all.
Lack of preparation
Process servers should attempt to gather all possible information about their service target before even stepping one foot out of their office. This information should include the target’s given name, possible nicknames, addresses, workplace, school affiliation, and more. In addition to giving the process server better insight into the target’s daily life and movements, a more efficient plan and the route can also be made in case the target is difficult to locate if the process server is adequately prepared.
Determining if the target has a history of violence is also an important part of the preparation process. Special precautions should be taken with potentially hostile parties. Not knowing the risk of serving a criminally violent person can be fatal.
Quality Process Servers in Detroit
Even with the best intentions, mistakes made by process servers add time and expense to a case. Use a professional and reputable process server, like those at Accurate Serve® in Denver, for the best service of process available in the area. Our process service experts know everything about civil process server laws in Michigan. Call (313) 385-3703 or send us a request online and find out how we can ease your workload with a high-quality service of process in the Detroit metro area!
