Process Server Laws in Michigan

MCL 764.1, 764.3; MCR 6.102

Arrest warrants in Michigan are executed by law enforcement officers only. Under MCL 764.1, a warrant may be executed anywhere in the state by any peace officer. The officer must inform the defendant of the cause of arrest and show the warrant if requested. No private process server may execute a criminal arrest warrant in Michigan.

MCR 6.412; MCL 767.61; MCL 600.1326

Criminal subpoenas in Michigan are served under MCR 6.412 and MCL 767.61. Service is by personal delivery to the witness by a sheriff, peace officer, or any legally competent adult who is not a party. Witness fees of $12 per day and mileage must be tendered at time of service. A subpoena duces tecum requires specification of the documents to be produced.

MCR 6.103; MCL 764.1a

Criminal summonses in Michigan may be served by a sheriff, deputy sheriff, or any peace officer. Under MCR 6.103, a summons commands the defendant to appear at a specified time and place. Service is by personal delivery of a copy to the defendant. If the defendant cannot be found, the court may issue an arrest warrant. Private process servers cannot serve criminal summonses in Michigan.

MCR 6.103(B); MCL 764.1a

The officer or person serving criminal process must make a return showing the manner and date of service. Under MCR 6.103(B), if the summons cannot be served within the time specified, the server returns it to the court with a statement of efforts made. Failure to make return does not affect the validity of service if service was properly completed.

MCR 2.103, 2.105; MCL 722.1101 et seq.; MCL 552.505

Custody actions are filed in Circuit Court. Service follows standard MCR 2.103 and 2.105 rules — personal delivery or registered/certified mail. Under the Michigan UCCJEA (MCL 722.1101 et seq.), Michigan must have jurisdiction. Out-of-state service is governed by MCR 2.105(J). The Friend of the Court investigates custody matters and makes recommendations. The defendant has 21 days to respond.

MCR 2.102, 2.103, 2.105; MCL 552.9f

Divorce complaints are filed in Circuit Court. Service follows MCR 2.105 — personal service by any legally competent adult who is not a party. Service may also be by registered or certified mail with acknowledgment of receipt, or by tacking and mailing if the defendant cannot be personally served. The defendant has 21 days to answer (28 days if served by mail or outside Michigan). Michigan has a 60-day waiting period before final judgment (6 months if minor children).

MCR 3.920, 3.921; MCL 712A.12, 712A.28

In juvenile proceedings under MCR 3.920, the court issues a summons to the juvenile, parent, guardian, or custodian. Service must be by personal delivery at least 14 days before the hearing (7 days for an emergency preliminary hearing). If the respondent cannot be found, the court may authorize service by registered mail, publication, or posting. Juvenile records are confidential under MCL 712A.28.

MCL 600.2950; MCR 3.706, 3.707

Under MCL 600.2950, a petitioner may obtain a domestic relationship PPO ex parte from the Circuit Court. The PPO must be served on the respondent by a law enforcement officer, sheriff, or deputy by personal delivery. If personal service cannot be made, the court may authorize alternative service. Violation of a PPO is a criminal contempt punishable by up to 93 days imprisonment and/or a $500 fine. The PPO is entered into LEIN (Law Enforcement Information Network) immediately upon issuance.

MCR 2.105(A)(1): delivering summons and complaint to defendant personally. Served.com MCR;

MCL 700.3801, 700.3803; MCR 5.208

The personal representative must publish notice to creditors in a newspaper of general circulation in the county of probate once each week for three successive weeks. Under MCL 700.3801, known creditors must be notified by mail within 4 months of appointment. Creditors have 4 months from the date of publication to present claims. Michigan also requires filing of an inventory within 91 days of appointment.

MCL 700.5303, 700.5304; MCR 5.125

Guardianship petitions for incapacitated individuals are filed in Probate Court under MCL 700.5303. Notice must be served personally on the alleged incapacitated person at least 14 days before the hearing. Notice must also be given to the spouse, parents, adult children, and any person having care or custody. The court appoints a guardian ad litem and may order a professional evaluation. Michigan prohibits service on election days under MCL 600.1831.

MCL 700.3406, 700.3407; MCR 5.105, 5.125

A will contest must be filed in Probate Court within the earlier of: 63 days after the date of the notice of the appointment of the personal representative, or 63 days after the date of the notice of the proceeding to probate the will. Under MCL 700.3406, all interested persons must be served notice at least 14 days before the hearing. Service follows MCR 5.105 — personal delivery or first-class mail.

No statewide licensing/registration/bonding/certification required for process servers. No overseeing agency

MCR 2.103(A): Legally competent adult (18+), non-party (not officer of corp party). Special cases (seizure/arrest/institution) restricted. Served.com

MCR 2.104(A)(3): affidavit (non-officials) or written statement verified under MCR 1.109(D)(3) "penalty of perjury" language. No notary required. Also MCL 600.1910(c) penalty of perjury. Served.com

Michigan requires notarized affidavit; MCR 2.104 governs return.

Michigan standard practice is to file a notarized affidavit of service. MCR 2.104 governs proof of service. The Mighty Affidavit Generator automatically includes a notary jurat block for Michigan filings.

No specific statute elevating assault/threat/obstruction of process server to special crime (misd/felony). General assault laws apply

MCL 750.552(2): Trespass statute exemption for process servers on direct route to serve owner/occupant/agent/lessee. WomensLaw.org

MCR 2.106: Court order when service under MCR 2.105 not reasonably possible. Served.com; MI Courts

MCR 2.506(G)(1): Served anywhere in MI per MCR 2.105 manner (civil process service). Applies civil/criminal. Served.com; MI Courts

MCL 600.8411, 600.8415; MCR 4.306

In Michigan small claims, the defendant must appear on the hearing date set by the court (typically 15-45 days after service). If the defendant fails to appear, a default judgment may be entered. The defendant may file a counterclaim up to $6,500 at least 7 days before the hearing. Either party may remove the case to general District Court for a jury trial within 7 days of filing or counterclaim.

MCL 600.8401, 600.8411; MCR 4.304

Michigan small claims are heard in District Court for claims up to $6,500. Under MCL 600.8411, the clerk serves the defendant by certified mail or personal delivery. If certified mail is returned unclaimed, the court may order service by a process server or constable. No attorney may appear in small claims court on behalf of a party (individuals only). Filing fee ranges from $30 to $70.

No unique statutes found; follows general MCR 2.105 rules, recommends process servers for initial papers due to safety. MI Courts Benchbook; MI Legal Help

MCL 600.8405 / MCR 4.303: Certified mail (addressee only, except corp/partnership) or personal service; court may order alternate if not possible. MI Courts DCMM

MCL 600.1831: No service election day/Sunday/church within 500ft (judge may allow w/affidavit cause). MCL 600.1835: Privileged - court attendees, legislators on session days (cert mail ok), extradited persons. No time-of-day or gated specifics. ServeNow; Served.com

MCR 2.105(B) individuals (nonresident agent+mail, minors/guardian, assumed name office+mail); MCR 2.105(I)/2.105(J)(1): court discretion alternate if cannot reasonably serve. Served.com

MCL 257.321a, 257.907; MCR 4.101

If a defendant fails to appear or pay a traffic citation in Michigan, the court notifies the Secretary of State, who may suspend the driver's license under MCL 257.321a. A default judgment is entered for civil infractions with additional costs. For misdemeanor offenses, a bench warrant may be issued. License reinstatement requires payment of all fines plus a $125 reinstatement fee.

MCL 257.727, 257.728; MCR 4.101

Michigan traffic citations are issued by law enforcement officers at the scene as a notice to appear. Under MCL 257.727, the officer delivers a copy to the violator, who signs a promise to appear. Civil infractions carry a fine only; misdemeanor traffic offenses (OUI, reckless driving) require a court appearance. The citation must include the offense, statute, location, and court date.