Michigan Proof of Service for Guardianship

State:
Michigan
Control #:
MI-MCB-38
Format:
PDF
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Description

Proof of Service

Michigan Proof of Service (sometimes referred to as “Proof of Service of Summons and Complaint”) is a legal document that is used to prove that a defendant has been served with a summons and complaint. It is required in all civil court cases in Michigan and must be completed by a process server or another individual authorized by the court. The document must include the date the defendant was served, the method of service, the address where service was made, and the signature of the person who completed the service. There are three main types of Michigan Proof of Service: 1. Personal Delivery: This is when the process server physically delivers the summons and complaint to the defendant. 2. Substituted Delivery: This is when the process server leaves a copy of the summons and complaint with an adult at the defendant’s home or place of business who is authorized to accept it on his or her behalf. 3. Posting and Mailing: This is when the summons and complaint is posted at the defendant’s home or place of business and then mailed to the defendant’s last known address.

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FAQ

A ?proof of service? shows the court that a document was served as required by law. WHO TO SERVE - Michigan Court Rule (MCR) 5.125 identifies Interested Persons ? those required to be served ? for many different types of probate proceedings, including guardianships, conservatorships, estates and trusts.

Request for Hearing on a Motion This is the local form that is used to place a case on the motion docket for hearing by a judge on a motion day. It can also be used as the notice of hearing and proof of service. It is called a Request for Hearing on a Motion.

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.

A Proof of Service is a document filed with the Court to show that the summons and complaint were successfully served on the defendant in a lawsuit. After the U.S. Marshal Service serves the summons and complaint, a return receipt, ?green card? (PS Form 3811), will be mailed to the plaintiff, to show proof of service.

If your spouse filed a complaint for divorce, and you have not filed an answer or motion in the case, your spouse can file a Dismissal. Your spouse can do this without your consent.

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.

A summons is an official notice from the Court notifying the defendant(s) they are being sued. The summons also informs the defendant(s) that they must answer the complaint in a certain amount of time. If the complaint is not properly served on the defendant(s), the case may not proceed.

Your spouse will receive a copy of the petition, also called the complaint and the summons from the court. You might need to serve additional documents on your spouse. The process server goes in person and gives your spouse a copy of all the initial documents your lawyer filed with the court and the summons.

More info

Tells the court that you had legal papers in a civil case - other than a summons - delivered to (served on) the other party. Lists the papers that were served and tells who they were served on, where, when, and how they were served, and who served them.A person must be over 18 years of age to serve the documents. The person who served the documents must complete the Proof of Service. It is a written version of a sworn statement attesting to the completion of service of process. A person over 18 years of age must serve the documents. This document is "proof" to the Court of the "service" you completed for the document you are filing. You complete a Certificate of Service or Proof of Service form that describes how and when you served the papers. An affidavit (certificate) of service provides proof after documents have been delivered to a recipient. Form Approved for Optional Use.

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Michigan Proof of Service for Guardianship