Proper service?

[DocDon]

One for the legal eagles:

Where can I find what constitues proper serivce (MI)? I went to the state site (both court and legislative) and can't find the definition.

A local law firm / CA (whom I can't find a CA license for, that needs one according to MI licensing law) has filed for a judgment. Only one party named was given the papers (they are separated and living in two different locations).

If you can point me in the right direction, I would appreciate it.

Thanks!

[calawyer]

Here is the first section I found. Take a look at the sections that follow. Also make sure it applies to the court you are in (there seems to be another section for justice courts):

REVISED JUDICATURE ACT OF 1961 (EXCERPT)

Act 236 of 1961

600.1910 Proof of service; methods; failure to make proof of service.

Sec. 1910.

(1) Proof of service shall be made by 1 of the following methods:

(a) Written acknowledgment of receipt of a summons and a copy of the complaint, dated and signed by the person authorized under this act to receive them.

( A certificate, stating the facts of service if service is made within the state of Michigan by:

(i) A sheriff.

(ii) A deputy sheriff, medical examiner, bailiff, constable, or a deputy of these officers if the officers held office in a county in which the court issuing the process is held.

© An affidavit, stating the facts of service, if service is made by any other person, and indicating his or her official capacity, if any.

(2) Failure to make proof of service does not affect the validity of the service.

Here is a link to get you started:

http://michiganlegislature.org/law/mileg.asp?page=getObject&objName=mcl-236-1961-19&queryid=6257400&highlight=service%20of%20process

[DocDon]

Just what I was looking for. Thanks!