Which is Better to Use: Process Server or Local Sheriff?
As a process service agency based in Detroit, Michigan, we often get asked whether it is better to use a process server or the local sheriff for serving legal documents. While both options are available, each has its advantages and disadvantages, depending on the specific circumstances of the case. In this post, we will discuss the pros and cons of each option and help you make an informed decision.
Process Server
One of the main advantages of using a process server is their speed and efficiency. They are dedicated to serving legal documents and have the necessary experience and knowledge to serve documents quickly and efficiently. They also have the flexibility to serve documents at any time of the day, including weekends and holidays. They have a deep understanding of the legal process and the legal requirements that apply to process servers. Continue reading
What Happens if the Person Being Served Refuses to Accept the Papers?
We’ve all seen a scene in a movie where a process server attempts to serve lawsuit papers to an unwilling defendant, who quickly escapes without accepting the documents, avoiding the legal matter until they encounter the process server again. However, in the real world, this isn’t how it happens. Even if a defendant or other person being served refuses to accept the paperwork, once they’ve been identified, the service is considered valid and the court case will proceed.
What if They Never Touch the Documents?
We often hear the misconception that if the person to be served never actually touches the documents, then they can’t be considered served. This is just false. If the person being served refuses to accept the documents in hand, the process server can still document that they were delivered to the correct person. Not touching the actual papers to avoid the service isn’t clever and achieves nothing. Continue reading
How to Serve Someone Out of State?
While most court cases here in Michigan are between residents of our state, there are times when the defendant or witness named in a case doesn’t live in Michigan. This is especially true for many auto accidents that occur on our state’s highways and interstates. So how does a plaintiff in Michigan have a process served on a defendant or witness who does not reside in Michigan?
No Big Differences
Luckily, there aren’t any real differences in how Michigan residents and nonresidents are served process for Michigan court cases, according to Michigan’s Rules for Civil Procedure. For individuals, the process must be served in person or via USPS Registered or Certified mail with a return receipt requested and delivery restricted to the addressee only. When the addressee accepts the process in person or acknowledges receipt of the mail by signature, the service is considered complete. This is exactly the same process as the serving process for someone who resides in Michigan, so no big differences here. Continue reading
How Long Does a Process Server Have to Serve Papers
Once you have filed your civil lawsuit in Detroit, the clock starts ticking to get the case process served. Only once the process is served can the case move forward, so getting it done as quickly as possible is always the best policy. But exactly how long do you have to get a case’s process served in Michigan?
Timeline to Serve Process in Michigan
According to Michigan’s laws of Civil Procedure, a hearing date must be at least 15 days, but not more than 45 days, after the date the case was filed. This gives the defendants and witnesses ample time to prepare for the first appearance. If seven or fewer days are left before the hearing date and the process has still not been served, the plaintiff may request a new hearing date from the clerk of court. This new hearing date will be at least 15 days, but not more than 30 days, from the date that the new hearing date was granted. Continue reading
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4 Signs of a Process Serving Scam
If you are an attorney or individual who has filed a civil case in Detroit, your next step is to make sure that the defendants and witnesses named in your case are properly served with the case documents, including a court summons.
Michigan Process Server Requirements
Here in Michigan, there is no official process server certification program or policy. Instead, Michigan has established just two requirements for anyone serving process in the state. Any process server in Michigan must: Continue reading
How to Find Success as a Process Server
If you’re just getting started as a process server, you’re probably wondering the best ways to boost your workload and become successful as a server. Well, you’ve come to the right place! Here at Accurate Serve® of Detroit, we know all about finding success as a process server. In this post, we’ll go over our top tips for getting started in this industry.
Be Prepared
Preparation is essential for any process server. You need to know everything about the person you’re trying to serve before you ever set one foot out of your office. This involves a combination of traditional and online research, delving into every nook and cranny of your network and the internet to gather as much information as possible. When you prepare properly before attempting service, you’re not wasting your time chasing a target around and have time to pick up even more cases. Continue reading
What Rules Do Process Servers Have to Follow?
Michigan is one of many states that doesn’t have a certification or licensing program requirement for process servers. Instead, anyone over the age of 18 who is competent and is not named in the court proceedings may serve process in Michigan. However, just because the rules about who can be a process server aren’t very strict doesn’t mean that process servers here can just do whatever they want. There are still rules that Michigan process servers must follow. In this post, we’ll review the most common rules that apply to process servers in Michigan.
Process Servers Must Be Ethical
All process servers are expected to behave ethically, regardless of their location or local laws. Ethical behavior includes not lying, not wearing disguises, not using fake social media accounts, or any other behavior that would be seen as questionable. While process servers do have to be creative sometimes to get the job done, being dishonest is never acceptable. In fact, it can get an entire case dismissed based on improper service Continue reading
Things Process Servers Can Do to Get Someone to Answer Their Door
Is a process server looking for you as the result of a court case or lawsuit? Are you wondering what a process server may do to locate and serve you? We’ll go through what a process server is, some of the most popular techniques they use to find their target, and what isn’t allowed in this post.
What Does a Process Server Do?
A process server is an individual who delivers legal papers to someone else, usually through personal delivery or mail. If possible, the process server should try to deliver the document in person. The process server may seek permission to serve the recipient by alternative methods if the recipient is unable to be reached after many attempts. Continue reading
Legally, Can Process Servers Lie?
Process servers are people who deliver legal paperwork to those accused or involved in a court case. When delivering process, they must adhere to strict rules that prohibit fabricating their identity or the purpose of their visit, impersonating someone else, or using gimmicks. While process servers are not permitted to break the law while carrying out their responsibilities, they sometimes must think outside the box to get the job done.
Process Servers Cannot Lie While Working
A process server must honestly state who they are and why they’re visiting the person to be served. This implies that process servers cannot pretend to be someone else, such as a police officer or a friend of the individual being served. Wearing disguises is also frowned upon. Continue reading