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Michigan Summons Left in Door


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Michigan Rules of Civil Procedure:

1. Delivering a summons and a copy of the complaint to the defendant personally; or

2. Sending a summons and a copy of the complaint by registered or certified mail, return receipt requested, and delivery restricted to the addressee. Service is made when the defendant acknowledges receipt of the mail. A copy of the return receipt signed by the defendant must be attached to proof showing service under subrule (A)(2).

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The above does not include 'leave the summons in the door while no one is at home,' which is what took place today. Is there anything we can do about that?

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It's probably not technically right, but you know these attys...they'll still petition the court to enter a judgment against you eventually...happens all the time. I would open it up and answer it, why not. The last thing you want is a judgment...and no matter what it costs to solve this now it's worth it than to have this follow you around for the next few years.

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I had the same proplem once of improper service, took it back to clerks office and they said since your complaining about it then it must had been served. (they can file for alternate means of service) but in my case i just listed inproper service as a defence for dismissal.

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