What to Do When the Defendant Avoids Service of Process

Published 2026-05-10 by Papers Delivered (Process Servers).

The Pattern

Cars in the driveway but no answer. Lights go out when the doorbell rings. Mail piles up but the resident is clearly home. Phone goes to voicemail every call. Defendants who know they are being sued develop sophisticated avoidance behaviors -- and Michigan attorneys know that without service, the case cannot move.

Step 1: Document the Attempts

Before any motion can succeed, you need a documented service log showing diligent effort. Michigan judges expect at minimum:

• 3+ attempts at varied times -- morning, afternoon, evening
• At least one weekend attempt -- many defendants only emerge on weekends
• Date, time, observation for each attempt -- "knock; no answer; vehicle [plate] in driveway; lights on inside"
• Photographs / video -- audio-video documentation under MCL 750.539c is admissible and persuasive

Step 2: Substituted Service at the Address

Michigan Court Rule 2.105(A)(2) allows leaving the documents with a person of suitable age and discretion at the defendant's usual place of abode, then mailing a copy. If a roommate, family member, or housemate accepts the documents, the service is generally good. Process servers familiar with the rule will probe for substituted-service candidates rather than walking away from a "nobody home" attempt.

Step 3: Motion for Alternate Service (MCR 2.105(I))

When personal and substituted service have both failed despite diligent effort, MCR 2.105(I) allows the court to authorize alternative service methods on motion. Common alternates the court will consider:

• Posting the summons at the residence + mailing
• Service by publication in a newspaper of general circulation
• Service by social media in some narrow circumstances (recent Michigan precedent)
• Email or text-message service when other contacts have proven futile

The motion must include an affidavit detailing every attempt, every observation, and why ordinary service has been impracticable. Our standard report-of-service includes the affidavit-grade detail you need to attach.

Step 4: Skip Tracing

If the defendant has moved or you suspect a wrong address, professional skip tracing locates the new residence using public records, voter rolls, utility connections, vehicle registrations, social profiles, and verified databases. Most evasive defendants do not actually relocate -- they hide behind a door. But ~25% of "evasive" cases turn out to be simple address-staleness.

Step 5: Surveillance / Stakeout

For high-stakes matters where alternate service is undesirable (e.g., divorce or custody where personal service strengthens jurisdiction), an experienced server can stake out the residence at predicted return times -- typically early morning or after-hours when the defendant is going to or returning from work. Audio/video evidence of the stakeout strengthens the eventual affidavit.

What This Looks Like in Practice

A typical evasive-defendant matter involves: 2 standard attempts at the listed address ($), then 2 varied-time attempts ($), then a substitute-service success or stakeout success ($-$$), then a notarized affidavit. The total typically runs 2-3x a standard serve but is far cheaper than a contested motion under MCR 2.105(I).

Related

• Substituted Service Under MCR 2.105
• Skip Tracing for Michigan Civil Cases
• MCL 750.539c Audio Recording