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Michigan Notice of a Lawsuit and Request to Waive Service of a Summons - Waiver of the Service of Summons

State:
Michigan
Control #:
MI-AO-398E
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PDF
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Notice of a Lawsuit and Request to Waive Service of a Summons - Waiver of the Service of Summons

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FAQ

Fill out form MC 03 (Answer, Civil) on the website or get a paper copy from the court to fill out. Write in the court number, case number, the court address, the court telephone number, and the names, addresses, and telephone numbers of the plaintiff and the defendant exactly as they are on your court papers.

While process servers may not legally enter a building, they may leave a summons taped outside of your door, as long as it does not display the contents.

You can ask a friend or relative to serve the papers, or you can pay your local sheriff's department, police department, or a process server. Whoever serves the papers must be at least 18 years old and cannot be a party in your case.

The only difference in the above levels of service (Routine & Rush) is the start times; they all include the process server making up to three (3) attempts (Morning, Afternoon & Evening).

(1) On the expiration of the summons as provided in subrule (D), the action is deemed dismissed without prejudice as to a defendant who has not been served with process as provided in these rules, unless the defendant has submitted to the court's jurisdiction.

P. 4, the complaint must be served 90 days from the date it was filed with the court, on the defendant(s) in your case.

The summons is a form filed by the plaintiff's attorney telling the other party that a divorce action has been filed. The summons advises the defendant that he or she has 21 days to file an answer if served personally, and 28 days if served by certified mail or other means.

If you have not been properly served, and you don't show up, the court has no personal jurisdiction over you, and can't enter a judgment against you. The case can be continued to another court date, and the other side can try again to serve you. It's tricky if you were improperly served.

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Michigan Notice of a Lawsuit and Request to Waive Service of a Summons - Waiver of the Service of Summons