Michigan's rules for serving a summons and complaint are in the Michigan Court Rules, mainly MCR 2.102 to 2.106. Subpoenas are covered by MCR 2.506. A few limits on when and where process can be served are in the Revised Judicature Act, such as MCL 600.1831.
Michigan doesn't license private process servers. Any competent adult who isn't a party can serve most civil process.
Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current rules on the Michigan Courts website or ask an attorney before relying on it.
Michigan process servers
Quick facts: process serving in Michigan
- Who can serve: Any legally competent adult who isn't a party or an officer of a corporate party (MCR 2.103(A)).
- Licensing: No state license for private process servers. Writs that seize property or require an arrest can only be served by officers such as sheriffs or court officers (MCR 2.103(B), (D)).
- Deadline to serve: A summons expires 91 days after it's issued. The judge can order a second summons, good for up to one year from the original, if you show due diligence (MCR 2.102(D)).
- Substituted service: Michigan has no general "leave it with someone at home" rule. If personal or mail service won't work, ask the court for alternate service (MCR 2.105(J)).
- Proof of service: A written statement of service, verified under MCR 1.109(D)(3), or another form allowed by MCR 2.104(A).
- Time to respond: 21 days after personal service in Michigan; 28 days if served by mail or outside the state (MCR 2.108(A)).
Process-serving software: ServeManager
ServeManager is process-serving software used by agencies across Michigan. It tracks every attempt with date, time, GPS and photos, and generates verified proofs of service from the job.
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Do you need a license to serve process in Michigan?
No. Under MCR 2.103(A), any legally competent adult who isn't a party, or an officer of a corporate party, can serve civil process. There's no state registration or exam.
Some papers are limited to officers:
- Seizing property: A writ of restitution, or process that requires seizing or attaching property, can only be served by a sheriff or deputy, a bailiff or court officer appointed for that purpose, or certain police officers when the state or a city is a party. A writ of garnishment can be served by anyone allowed under MCR 2.103(A) (MCR 2.103(B)).
- Arrest: Civil process that requires arresting someone can only be served by a sheriff, deputy, police officer or appointed court officer (MCR 2.103(D)).
- Institutions: If the person is in a government institution, hospital or home, service must be made by the person in charge or someone they designate (MCR 2.103(C)).
For a step-by-step guide, see Become a Process Server in Michigan.
How to serve a summons in Michigan
Personal service: MCR 2.105(A)(1)
The server hands the summons and a copy of the complaint to the defendant.
Registered or certified mail: MCR 2.105(A)(2)
The summons and complaint can be sent by registered or certified mail, return receipt requested, with delivery restricted to the addressee. Service is made when the defendant acknowledges receipt. The return receipt signed by the defendant must be attached to the proof of service.
Substituted service in specific cases: MCR 2.105(B)
The rule allows service on someone else only in specific situations:
- Nonresidents: Serve an agent, employee or representative of the defendant in Michigan, and send a copy by registered mail to the defendant's last known address.
- Minors: Serve the person who has care and control of the minor and lives with them.
- People with a guardian or conservator: Serve the guardian or conservator.
- Businesses under an assumed name: Serve the person in charge of the office, and send a copy by registered mail to the individual's home or last known address.
Alternate service by court order: MCR 2.105(J)
If service can't reasonably be made under the rule, the court can order another method reasonably calculated to give the defendant actual notice, such as posting, mailing or another means the court approves. You have to file a verified motion, dated no more than 14 days before filing, showing why normal service won't work and giving the defendant's address or last known address. Service under an alternate service order can't be made before the order is entered.
Publication and posting: MCR 2.106
When the defendant can't be found, the court can order notice by publication, posting and mailing. The defendant gets at least 28 days after publication or posting is complete to respond (MCR 2.108(A)).
Service outside Michigan
There's no territorial limit on process issued by a Michigan court, so the same methods can be used out of state (MCR 2.105(K)). A defendant served outside Michigan has 28 days to answer.
When you can't serve: MCL 600.1831
- Election day: Civil process can't be served on a voter on the day of an election they're entitled to vote in, unless a judge authorizes it.
- Worship: Process can't be served on someone attending a worship meeting of a tax-exempt religious organization at its property, or within 500 feet of the property while they're going to or coming from the meeting, unless a judge orders it.
Michigan dropped its general ban on Sunday service in 2005 (2005 PA 201). The worship rule replaced it.
People coming to, attending or leaving a court proceeding in which they're needed may also be protected from service (MCL 600.1835).
Serving businesses and other entities
- Corporations (MCR 2.105(D)): Serve an officer or the resident agent. Or serve a director, trustee or person in charge of an office, and send a copy by registered mail to the corporation's principal office. Resident agents are listed in the LARA business entity search.
- LLCs (MCR 2.105(H)): Serve a managing member, non-member manager or resident agent. Or serve a member or person in charge of an office and send a copy by registered mail to the registered office. If the LLC has no agent, or service can't be made with reasonable diligence, the papers can be delivered or sent by registered mail to the state administrator. This LLC rule was added effective May 1, 2021.
- Partnerships (MCR 2.105(C)): Serve any general partner, or serve the person in charge of a partnership office and send a copy by registered mail to a general partner.
- Government bodies (MCR 2.105(G)): Serve the listed officer, for example the county clerk or board chair for a county, the mayor, city clerk or city attorney for a city, or the supervisor or township clerk for a township.
- Agents (MCR 2.105(I)): Any defendant can be served through an agent authorized by written appointment or by law.
Serving a subpoena in Michigan
A subpoena can be served anywhere in Michigan in the same way as a summons under MCR 2.105. The witness fee and mileage must be tendered at the time of service, in cash, money order, cashier's check, or a check drawn on the account of an attorney of record (MCR 2.506(G)). A subpoena can also be mailed with a postage-paid acknowledgment card; in that case fees are paid after the witness appears. If the card isn't returned, the subpoena has to be served in person. The court's subpoena form is MC 11.
Proof of service
Under MCR 2.104(A), service can be proved by:
- A written acknowledgment of receipt, dated and signed by the person served
- A certificate of service from a sheriff, deputy sheriff or bailiff, appointed court officer, or attorney for a party, for service in Michigan
- A written statement of service verified under MCR 1.109(D)(3), for anyone else
The proof must state the manner, time, date and place of service and the server's official capacity, if any. Give the address where service was made, or describe the location if there was no address. Verification under MCR 1.109(D)(3) is a signed declaration under penalty of perjury, so a private server's proof doesn't have to be notarized.
Failing to file proof doesn't affect the validity of the service (MCR 2.104(B)).
Hire a Michigan process server
Find process servers across the state in the Michigan process server directory.
More Michigan resources
This page is a general overview of Michigan law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.
