Can You Receive a Court Summons by Phone

[mrjahvi]

My question involves collection proceedings in the State of: michigan can a collector really do this by phne without actually speaking or talking you and say you have now been served. only leaving a voice mail

[aardvarc]

Not according to Michigan Rules of Civil Procedure, ss 600.1831. Rule 2.105 addresses the process; manner of service - which does NOT include telephonic or voicemail as valid service or substituted service.

HOWEVER, with that said...the rules ALSO allow:

"...On a showing that service of process cannot reasonably be made as provided by this rule, the court may by order permit service of process to be made in any other manner reasonably calculated to give the defendant actual notice of the proceedings and an opportunity to be heard."

This can become necessary when a person, for example, knows that service is being attempted, and is trying to evade service.

[Mr. Knowitall]

Leaving aside for the moment that if a bill collector has your phone number they should be able to determine your address, I've never heard of a court's designated form of substituted service being to have a collection agent inform the debtor of a court proceeding by phone.

Any notice of court proceedings would necessarily describe the court in which the lawsuit had been filed, the names and addresses of the parties and the case number, so it would be possible to verify with the court.

[mrjahvi]

ok thank you . it shocked me to hear the message plus it was not my home nor cell number a relatives # but he called me by name and said " consider yourself served". i had a car towed by the city and they helped the towing company to sue me. they went court 3-4 times to court without serving me got a judgement then served me by mail. i just paid that off