Defendant dodging being served

What is the name of your state? Michigan

I filed a small claims against someone for money I loaned ($2200) and did not get paid back. There are two parts to my question & really appreciate your advice.

1. The court already attempted to service papers on the defendant via registered mail, and were unable to reach him for signature. Now they are trying to serve him by a court officer, but I have a feeling that he is avoiding being served. I know for sure that the defendants address I provided is correct. Are there any means, such as having the address validated by the court and regarded as a refusal of process, or something beyond these steps?

2. As proof to my case, I have a certified & notarized copy from my bank of the check that has the word "Loan" in the remarks. I also have an e-mail he sent me several months back that says "I went to <a former employer> today to start the process to cash in my 401K money. I should have it shortly". Do you think this is solid enough evidence for my case?

Thank you very much.

suther18 said:

What is the name of your state? Michigan

I filed a small claims against someone for money I loaned ($2200) and did not get paid back. There are two parts to my question & really appreciate your advice.

1. The court already attempted to service papers on the defendant via registered mail, and were unable to reach him for signature. Now they are trying to serve him by a court officer, but I have a feeling that he is avoiding being served. I know for sure that the defendants address I provided is correct. Are there any means, such as having the address validated by the court and regarded as a refusal of process, or something beyond these steps?

2. As proof to my case, I have a certified & notarized copy from my bank of the check that has the word "Loan" in the remarks. I also have an e-mail he sent me several months back that says "I went to <a former employer> today to start the process to cash in my 401K money. I should have it shortly". Do you think this is solid enough evidence for my case?

Thank you very much.

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1. The court already attempted to service papers on the defendant via registered mail, and were unable to reach him for signature. Now they are trying to serve him by a court officer, but I have a feeling that he is avoiding being served. I know for sure that the defendants address I provided is correct. Are there any means, such as having the address validated by the court and regarded as a refusal of process, or something beyond these steps?

A: http://courts.co.calhoun.mi.us/book017.htm

From a very brief search of the SC statutes in your state, I cannot find that service by publication is allowed. BUT check with the court clerk to make sure.



2. As proof to my case, I have a certified & notarized copy from my bank of the check that has the word "Loan" in the remarks. I also have an e-mail he sent me several months back that says "I went to <a former employer> today to start the process to cash in my 401K money. I should have it shortly". Do you think this is solid enough evidence for my case?

A: Take your best shot! (Sorry...crystal ball is broken.)

suther18 said:

Are there any means, such as having the address validated by the court and regarded as a refusal of process, or something beyond these steps?

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Service in Michigan can be done by:
Rule 2.105 Process; Manner of service
(A) Individuals. Process may be served on a resident or nonresident individual by,
(1) delivering a summons and a copy of the complaint to the defendant personally; or
(2) sending a summons and a copy of the complaint by registered or certified mail, return receipt requested, and delivery restricted to the addressee. Service is made when the defendant acknowledges receipt of the mail. A copy of the return receipt signed by the defendant must be attached to proof showing service under subrule (A)(2).

(B) Individuals; Substituted Service. Service of process may be made
(1) on a nonresident individual, by
(a) serving a summons and a copy of the complaint in Michigan on an agent, employee, representative, sales representative, or servant of the defendant, and
(b) sending a summons and a copy of the complaint by registered mail addressed to the defendant at his or her last known address;
(2) on a minor, by serving a summons and a copy of the complaint on a person having care and control of the minor and with whom he or she resides;
(3) on a defendant for whom a guardian or conservator has been appointed and is acting, by serving a summons and a copy of the complaint on the guardian or conservator;
(4) on an individual doing business under an assumed name, by
(a) serving a summons and copy of the complaint on the person in charge of an office or business establishment of the individual, and
(b) sending a summons and a copy of the complaint by registered mail addressed to the individual at his or her usual residence or last known address.

Do you think this is solid enough evidence for my case?

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No one can GUESS for you.