Why This Matters: When you file for divorce or child care, the other person must be told. A process server does this job. Many people think the lawyer can control the server. This blog explains what really happens.
What Happens After a Case Is Filed?
Getting Started: The lawyer files papers at court. The court picks a judge. The papers are stamped and sent back.
What Comes Next: The lawyer adds a form called a summons. Then the lawyer gives all papers to a process server to hand them over.
- The court picks the judge
- Papers are stamped
- Server gets the papers
- Needed for divorce
- Needed for child cases
- First step in the case
Example: Mary files for divorce. Her lawyer files her papers, gets them stamped, and hands them to a trusted server to give to her husband.
Can Lawyers Pick the Process Server?
Yes, They Can Pick: Lawyers often pick people they trust. These servers have helped them before.
No Control After That: Once the papers are given to the server, the lawyer has no more say. The server handles the rest.
- Lawyer chooses the server
- Picks one who works fast
- Knows who does the job well
- Lawyer can’t make them hurry
- Good servers are in demand
- Lawyers use trusted people
Example: A law firm works with two servers. One always finishes in two days. The lawyer gives the job to that one.
What Does a Process Server Do?
They Hand Out Papers: The server must find the other person and give them the court forms. This makes the case start.
They Follow Rules: The papers must be given in a legal way. The court must see it was done right.
- Gives papers in person
- Follows the law
- Makes a note for court
- Can’t leave papers on a porch
- Must try hard to find person
- Works weekdays and weekends
Example: A server goes to someone’s home. The person opens the door. The server hands the papers and writes it down for court proof.
Why Do Some Cases Take Longer to Serve?
It’s Not Always Easy: Some people are hard to find. They may move or hide.
Places May Be Locked: Some buildings do not let strangers in. Servers may need to wait outside.
- Gated homes or offices
- People who won’t open doors
- Jobs with strong security
- Servers may need to wait
- Try at different times
- Follow people to give papers
Example: A woman worked in a building with security. The server waited outside until she left and handed her the papers in the parking lot.
Can You Blame the Lawyer for Delay?
No, Lawyers Act Fast: Most lawyers give the papers to the server right away. They know time is important.
Delay Happens Later: The server might take time to find the person. That part is out of the lawyer’s hands.
- Lawyer sends papers right away
- Server takes over from there
- Lawyer has no control after
- Delays happen due to hiding
- Lawyers follow court rules
- Blame should not go to lawyer
Example: A client called to ask why it took so long. The lawyer said they gave the papers to the server the same day. The delay came from the server not finding the person at home.
What If the Person Cannot Be Found?
More Tries Are Needed: The server must try again and again. They also keep notes for the court.
Another Way May Be Allowed: If the court agrees, the papers can be mailed or posted another way.
- Server writes what they did
- Court sees their effort
- Only court can allow new method
- May serve by mail
- May post in a paper
- May even email in rare cases
Example: A man moved away and had no known address. After five failed tries, the court said papers could be mailed to his work instead.
How Do Servers Get Creative?
When People Hide: Servers try new ways to hand out the papers. They may dress in normal clothes or bring flowers.
It Must Still Be Legal: Even with tricks, the person must get the papers and know what they are.
- Send flowers with papers inside
- Dress like a delivery driver
- Wait near a park or store
- Use plain clothes
- Act like a friend
- Try different times
Example: A server sent flowers to someone’s job. The papers were inside. The person opened the box, and that counted as being served.
Is a Process Server Always Needed?
Yes, In Most Cases: The case can’t move without it. The court must know the other person got the papers.
Other Ways Are Rare: The court must say it’s okay. You can’t just send papers yourself.
- Needed for most court cases
- Shows the case is real
- Makes things fair
- Only the court can approve mail
- You can’t serve them yourself
- Someone over 18 must do it
Example: A dad filed a case for his kids. He could not give papers to his ex-wife, so a server was hired to do it the right way.
Why It Matters in Michigan Law
This Starts the Case: Without this step, the case can’t move forward in Michigan. It must be done right.
Trusted Lawyers Make It Easier: At ChooseGoldman, lawyers work with top servers to avoid delays.
- It is the first big step
- Must follow the rules
- Trusted help matters
Example: In a Detroit case, the lawyer handed the papers to a trusted server the same day they came from court. This helped move the case fast.
Extra Insights
Be Patient: Even fast servers can face blocks. Let them do the job, and know your lawyer picked someone good.
Pick the Right Lawyer: A smart lawyer knows who to call. That choice can save time and stress.
FAQs
1. What is a process server? A person who gives court papers to the other side.
2. Can I give the papers myself? No, it must be someone else who is over 18.
3. Do lawyers serve the papers? No, they hire someone to do it.
4. How long does it take? It depends. It could be one day or a few weeks.
5. What if the person can’t be found? The server keeps trying and tells the court.
6. Can the court allow other ways? Yes, like mail or newspaper notice.
7. Is delay the lawyer’s fault? No. They give the papers fast. The rest is up to the server.
8. Can a person refuse the papers? If they see and hear the server, it still counts.
9. Are tricks allowed? Yes, as long as the person gets the papers.
10. Are servers needed in all cases? Yes, in most family court cases.
11. Do courts trust these servers? Yes, if they follow the rules.
12. Can ChooseGoldman help? Yes. They use skilled servers who know what to do.
Need Help Serving Papers?
If you need help with this step, we can guide you. Call or text (248) 590-6600 or Visit ChooseGoldman.com for a free consultation today.