Process Service Requirements Not Met (Court File/ Credit Report)

[WhoCares1000 776]

1) Never ask a court clerk for legal advice. They are not supposed to give it out anyways.

2) You need to review the rules of service in your state. If Michigan allows someone else to be served on your behalf (usually a person above a certain age), they yes, the clerk can request this ONLY if the court has reason to know that you are connect to the person.

3) One of the hallmarks of our court system is that it is open to the public. That includes the case files. There are some exceptions, usually cases involving juveniles, persons being committed, or persons under guardianship. Even then, that sometimes only closes specific documents, not the full case file itself. Other than that, a party would have to request from the court that a case would be closed and would have to have a compelling reason. I doubt that could happen with a simple civil case. I can go to the courthouse tomorrow and request your case file stating that I am researching what happens when defendants cannot be served that the clerk really cannot stop me from getting the file and certainly cannot claim that you were served because I don't even know you.

That said, the clerk is now probably going to try to get anyone who requests that file to claim that you were served. Your best action at this point will probably be to lay low and see what happens. You probably should not have called the clerk and just had someone pick up the file (or should have called the clerk and been very generic about your question without giving your case number) but too late for that now.

 

[WhoCares1000 776]

Of course, another option could be to simply go to the clerk, accept service, and get the ball rolling on the case. Especially if this is a case where arbitration could be used.