Legal Question in Family Law in Michigan
process serving of summons & complaint
When serving a summons and complaint in the case of a divorce, is it necessary to obtain the signature of the defendant/ servee?
Asked on 3/30/07, 2:52 pm
2 Answers from Attorneys
William Stern
William Stern, P.C.
Re: process serving of summons & complaint
The defendant does not have to sign for it. The process server can sign and say he personally gave the papers to the defendant. If the defendant had to sign, nothing would ever get served! William S. Stern
Answered on 3/30/07, 9:04 pm
Keri Burnstein
Keri Burnstein, P.C.
Re: process serving of summons & complaint
It depends how it was served. If you have a process server serve the Defendant then the process server signs the proof of service. If the Defendant accepts the summons and complaint from you rather than actually being served then the Defendant must sign under acknowledgment of service.
Answered on 3/30/07, 3:20 pm
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