When Personal Service is unachievable, the courts will approve alternative service methods, deviating from the traditional Michigan-standard personal service.
With an Alternative Service Order in place, servers can post the documents to a conspicuous place at the subject's residence as valid means of service. In Michigan, servers do not need to mail a copy of the documents. ABC Legal will handle the mailing on the server's behalf.
Filing a motion for alternative service is a process always initiated by ABC Legal and the process may take some time to complete. Once the process begins, servers will receive a notification through ABC Mobile.
Important Steps to Follow:
When a motion for Alternative/Substitute service has been granted by a court, a process server must read the Order Granting Alternative Service instructions carefully and carry out the appropriate service method on the order.
Complete the Posting of the documents or Substitute Service depending on what the order allows.
ABC Legal will mail the required copy of the documents on your behalf. Process servers do not need to perform the mailing.
Under certain circumstances, the courts will approve alternative service methods to the Michigan-standard personal service. This alternative service Order opens the door to performing service by posting of the documents.
Once the process has begun, you will receive a notification in ABC Mobile that reads "Hold Attempts. Motion for Alternative Service". A special Proof of Non-Service will be dispatched to you that will require a signature. This is your testament to the truth of the attempts logged so far in that order.
Requirements Before an Alternative Service
For a Motion for Alternate Service to be possible, diligent attempts must have been completed, and the servee's residency must be confirmed.
Diligence Requirements: For the alternative service order to be approved, Michigan courts want to see that you made diligent attempts to perform personal service. In general, that means:
A minimum of 4 attempts at the address
One attempt before 11 am
One attempt after 6 pm
One attempt on a Saturday
Varying attempts on different days of the week
Any other specifications required by the local Court
Residency Confirmation: Some types of residency confirmation can be assisted by ABC Legal or our clients, but we always need process servers to try and achieve the following forms of confirmation:
A resident, neighbor, or leasing office that confirms the defendant resides at the address
Mail or packages with the defendant's name that can be seen at the doorstep of the address (never look in the mailbox)
A picture of a license plate on a vehicle present that is registered to the defendant at the address
Just as you would report that no one is home at the address for service, include in your attempts if you checked with neighbors and no one was home, or if there is no leasing office.
Waiting for the Order for Alternate Service
Hang onto the documents: You'll likely need these documents later, so we'll leave them on your list of orders while we file for Alternative Service with the court.
After the completion of diligence on an order and the initiation of a Motion for Alternative Service, the instructions on the order will indicate that a Motion for Alternative Service has been initiated.
Once the Order is Granted
When an Order Granting Alternative Service is received by ABC Legal, we will send it to you along with the documents for service. Be sure to click "Received" (make sure to check towards the end of the order documents).
Service Method: Once you receive the Order Granting Alternative Service, ensure that you read it. It will state the method by which you can serve the documents, whether substitute service, posted service, or both is allowed.
The Order must be served along with the rest of the documents.
Personal Service Still Allowed: Personal service is always allowed when you have an alternative service order in hand. Make it a habit to knock on the door one last time before posting!
Mailing Handled by ABC Legal
Some alternative service orders require a copy of the documents to be mailed to the service address after the documents have been posted or substitute served. In Michigan, servers do not need to perform this mailing. ABC Legal will handle the mailing on your behalf.
This means you do not need to:
Purchase envelopes, postage, or certified mail materials
Mail a copy of the documents
Complete the mailing portion of the proof or add a mailing date to your service notes
Your responsibility is to complete the posting or substitute service as directed by the Order and submit your service through ABC Mobile. It is still crucial that you read the Order for Alternative Service every time you receive one, as the exact service method will differ per job.
Unique Pay Scale
Jobs served via an Order for Alternative Service are paid differently from typical jobs. Due to the potentially lengthy process of filing a motion for alternative service (usually around 2-4 weeks from submission to approval), ABC will pay you half of your service fee once diligence is complete and you return the signed motion. Then, upon completion of the service, whether it is personal, substitute, or posted, you will be paid the second half. For example:
Process Server Jan Irsman is under contract to be paid $22 per order. Ms. Irsman receives an order, completes five attempts at the service address (including one before 11 AM, one after 6 PM, and one on Saturday), and speaks to the father of the defendant, Tom Foolery.
Tom confirms that his son, Reggie Foolery, does reside at the address but is not available to accept the papers. Jan submits this information through ABC Mobile.
A motion for alternative service is generated and sent to her. Jan signs the motion and sends it back to ABC and is paid $11 for her efforts. Later, the same order for Reggie Foolery returns to Jan Irsman's list, this time with an Order for Alternative Service signed by Judge Cal Colfax.
Jan returns to the service address and posts the documents. When she submits the service through ABC Mobile, Jan Irsman is paid another $11 for successfully completing the order.
If the order was assigned to another process server, Gilbert Horatio, after Jan Irsman completed diligence, Gilbert would be paid a flat fee of $10 for posting the documents. And, because the order was successfully resolved, Jan is paid the other half of her wage, $11.