If a person is not served, they don't have to defe
Post# of 11040
Posted On: 10/15/2015 3:23:04 PM
If a person is not served, they don't have to defend themselves, as the court does not have jurisdiction over them . So there cannot be a default judgment on someone who has not been served a lawsuit.
In Michigan a person must be personally served. The process server must hand the papers directly to the defendant. If they refuse to take them in their hands the PS just need to touch them with them and can toss them on the ground and say "you have been served". You can also serve someone through USPS certitfied, restricted delivery and the green card that comes back must be signed by the defendant.
There is also an alternate service order that the Plaintiff can file. Basically it is an affidavit (with a postal verification attached) saying " I know this person lives at this address but is evading service. ...her is my Due Diligence. for example, I went to the house 3 or more times and no one answered, someone else in the house says yes they live their etc.
The judge will sign a motion/order for alternate service which allows the plaintiff to mail a copy of the pleadings (summons and complaint) to the defendant 1 certified, 1 regular mail and a process server will also post (tape) a copy of the pleadings to the persons door. Some courts also require it to be published in the newspaper. If all works out the person is served. Again this is in Michigan, some courts vary on who can be served and how it needs to be done.
There is also an expiration date on the Summons, so if that passes then the case would be dismissed for them for lack of progress . Does anyone know when the summons expires. It is usually 91 days from issue. However the plaintiff can also file an extension to the summons , again giving proof of Due Diligence.
In Michigan a person must be personally served. The process server must hand the papers directly to the defendant. If they refuse to take them in their hands the PS just need to touch them with them and can toss them on the ground and say "you have been served". You can also serve someone through USPS certitfied, restricted delivery and the green card that comes back must be signed by the defendant.
There is also an alternate service order that the Plaintiff can file. Basically it is an affidavit (with a postal verification attached) saying " I know this person lives at this address but is evading service. ...her is my Due Diligence. for example, I went to the house 3 or more times and no one answered, someone else in the house says yes they live their etc.
The judge will sign a motion/order for alternate service which allows the plaintiff to mail a copy of the pleadings (summons and complaint) to the defendant 1 certified, 1 regular mail and a process server will also post (tape) a copy of the pleadings to the persons door. Some courts also require it to be published in the newspaper. If all works out the person is served. Again this is in Michigan, some courts vary on who can be served and how it needs to be done.
There is also an expiration date on the Summons, so if that passes then the case would be dismissed for them for lack of progress . Does anyone know when the summons expires. It is usually 91 days from issue. However the plaintiff can also file an extension to the summons , again giving proof of Due Diligence.
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