Can 2 people be served at once?

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Can 2 people be served at once?

I recieved a peice of paper saying someone intends to serve me with papers. I called him back and he said that both me and my wife must be present to recieve them.

Asked on April 11, 2012 under Bankruptcy Law, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Service of process is a funny thing. The requirements for proper service can vary from state to state, whether it is a federal suit or a civil suit or state suit or regulatory administrative action. Ultimately, the issue becomes one of what is proper service. The general consensus is you don't have to be present to be served as long as the person serving the notice believes the person say answering the door for example has authority to accept service.  If you get served and sign the document indicating you received the documents, personal service is not usually required.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay, there are a whole lot of issues to discuss here.  First the answer to your actual question.  Yes, two people can be served at the same time a long as each is served a copy of the summons and complaint.  Second, although I wold never attempt to tell you to circumvent the law in any way, you do not have to sit around and wait to be served.  The process server has to find YOU.  may I suggest that you go and seek help to try and settle the matter in some way before you are served?  And if you are served please answer the complaint or a default judgement will be issued.  Good luck.


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