At Accurate Serve® of Detroit, a leading process service agency in Detroit, Michigan, we understand the importance of adhering to legal guidelines and regulations while carrying out our duties. One common question that often arises is, “What hours are process servers allowed to serve?” In this post, we will specifically address the regulations surrounding process serving in Michigan and shed light on the permitted hours for process servers.
Process Serving Hours in Michigan
Unlike some states that impose strict time restrictions on process serving, Michigan offers process servers a greater degree of flexibility. Process servers in Michigan are generally allowed to serve process at any time, 24 hours per day, 7 days per week. This means that if you are a resident of Michigan, you should be prepared to receive legal documents at any hour of the day or night.
Exceptions to the General Rule
While process servers in Michigan have broad freedom regarding the serving process, there are a few exceptions to the general rule. These exceptions are outlined in Chapter 2 of Michigan’s Rules of Civil Procedure, and they are as follows:
Election Days
Process servers are prohibited from serving civil process on any elector entitled to vote during the day an election is held. However, a judge may make exceptions and authorize the service or execution of a writ on an election day, provided sufficient cause is shown through an affidavit.
Religious Worship Meetings
The civil process cannot be served or executed on a person attending a worship meeting of a religious organization with tax-exempt status under section 501(c)(3) of the Internal Revenue Code, 26 USC 501. This restriction applies to the property where the organization normally conducts its worship and within 500 feet of that property. However, a judge may override this restriction if sufficient cause is shown through an affidavit.
Court Proceedings
Individuals who are attending or returning from court proceedings in any action where their presence is required are privileged from the service of process. This privilege protects them from being served with legal documents while participating in court-related activities.
Extradited Individuals
Any person brought into Michigan after a waiver of extradition based on a criminal charge is privileged against the service of personal process in civil actions arising from the same facts as the criminal proceedings. This privilege remains until the individual has been convicted in the criminal proceeding or, if acquitted, has a reasonable opportunity to return to the state from which they came.
Legislators
Members of the legislature in Michigan are not generally privileged from civil process. However, they are protected from service on days when there is a scheduled meeting of the house they belong to. It is worth noting that if service is executed by certified mail, a return receipt is requested, and legislators can be served even on meeting days.
Process Servers That Get the Job Done, No Matter the Time
Process serving in Michigan allows for a significant degree of flexibility, with process servers being permitted to serve legal documents at any time, day or night. As a leading process service agency, Accurate Serve® of Detroit adheres to these regulations and ensures that our operations align with the legal requirements in Michigan. To start using Accurate Serve for all your service of process needs in Detroit and all of Michigan, call us at (313) 385-3703, email [email protected], or send us a work request online.
