Serving a Michigan Partnership or DBA: MCR 2.105(C) and (B)(4)

Which subrule fits a business that is not an LLC or a corporation, who may accept the papers, and the mailing step some routes require

A Michigan business that is not an LLC or a corporation is served under its own subrule of MCR 2.105. A sole owner using an assumed name falls under MCR 2.105(B)(4), a partnership under MCR 2.105(C), and an unincorporated association under MCR 2.105(E). Each subrule names who may receive the summons and complaint, and several of the routes add a registered-mail step that is part of the service itself.

This page describes what the rules say. The attorney and the court decide how they apply to a particular case.

First, pin down what kind of business it is

The name on the sign does not tell you how to serve the business behind it. Limited liability companies and corporations have their own subrules, MCR 2.105(H) and MCR 2.105(D), which are covered in Serving a Michigan LLC or Corporation. This article covers the businesses those two subrules leave out.

Michigan lets these businesses be sued under the business name. MCR 2.201(C)(2) says: "A person conducting a business under a name subject to certification under the assumed name statute may be sued in that name in an action arising out of the conduct of that business." MCR 2.201(C)(3) adds: "A partnership, partnership association, or unincorporated voluntary association having a distinguishing name may sue or be sued in its partnership or association name, in the names of any of its members designated as such, or both."

So the caption may show a trade name. The service rule still depends on who or what stands behind that name.

A sole owner with an assumed name: MCR 2.105(B)(4)

An assumed name, often called a DBA, does not change the fact that the owner is an individual. MCR 2.105(A)(1) allows process to be served on an individual by "delivering a summons and a copy of the complaint to the defendant personally." Subrule (B), titled "Individuals; Substituted Service," then adds other routes, including one written for this situation.

Under MCR 2.105(B)(4), service on "an individual doing business under an assumed name" may be made with two steps together:

  • (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."

The word "and" between those steps matters. Handing the papers to the manager at the shop is only half of this route. The mailing to the owner completes it.

Where the owner's real name is on file: MCL 445.1

A summons that names only a trade name can leave everyone guessing about the owner. Michigan's assumed name statute helps here. MCL 445.1(1) says a person may not do business under an assumed name unless the person files with the county clerk "a certificate on a form furnished by the county clerk setting forth the name under which the business owned is, or is to be, conducted or transacted, and the true or real full name and address of the person owning, conducting, or transacting the business."

The certificate goes to the clerk of each county where the business operates or keeps an office. The statute defines a person as "1 or more individuals, partnerships, trusts, fiduciaries, or other entities capable of contracting, except corporations and limited partnerships." So a general partnership that uses a trade name may have a certificate on file as well.

If the owner's name is not already in your file, the clerk of the county where the business operates is the place to ask how its assumed name records can be searched. Send the owner's name, and any address you find, along with the papers.

A partnership or limited partnership: MCR 2.105(C)

MCR 2.105(C) gives two routes for serving "a partnership or limited partnership." The first is a single delivery: "serving a summons and a copy of the complaint on any general partner or agent for service of process."

The second route is for a business that can be reached when a general partner cannot. It reads: "serving a summons and a copy of the complaint on the person in charge of a partnership office or business establishment and sending a summons and a copy of the complaint by registered mail, addressed to a general partner or agent for service of process at his or her usual residence or last known address."

Look closely at who the first route names. The rule says "any general partner," not any partner. A partner who is only a limited partner is not named there, so the first route looks for a general partner or the agent, and the second route uses the person in charge plus the mailing.

Partnership associations and unincorporated associations: MCR 2.105(E)

Some groups operate under a name but never formed a corporation or an LLC. For "a partnership association or an unincorporated voluntary association," MCR 2.105(E) lists two steps joined by "and":

  • (1) "serving a summons and a copy of the complaint on an officer, director, trustee, agent, or person in charge of an office or business establishment of the association," and
  • (2) "sending a summons and a copy of the complaint by registered mail, addressed to an office of the association."

The rule also covers a group with no office to mail to: "If an office cannot be located, a summons and a copy of the complaint may be sent by registered mail to a member of the association other than the person on whom the summons and complaint was served."

Within subrule (E) there is no one-step route. The in-person delivery and the mailing go together. A separate path through an appointed agent is described next.

An agent the business appointed: MCR 2.105(I)(1)

Any of these businesses may have named someone to accept legal papers. MCR 2.105(I)(1) covers that case for every kind of defendant: "Service of process on a defendant may be made by serving a summons and a copy of the complaint on an agent authorized by written appointment or by law to receive service of process."

If your file includes a written appointment that names such an agent, send a copy with the papers. It can turn a two-step serve into a single delivery.

The mailing half: registered or certified, and whose job it is

Several routes above call for "registered mail." MCR 2.105(L)(1) says that when a rule uses that term, it "includes the term" certified mail. It adds a condition: "However, if certified mail is used, the receipt of mailing must be postmarked by the post office."

The rules also say who arranges the mailing. MCR 2.104(C) reads: "If the manner of service used requires sending a copy of the summons and complaint by mail, the party requesting issuance of the summons is responsible for arranging the mailing and filing proof of service." The in-person delivery is the process server's part. The mailing, and the postmarked receipt that goes with it, stays with the party or their attorney.

The "person in charge" and the proof of service

Three of the routes above turn on the phrase "person in charge." MCR 2.105 uses that phrase without defining it. That makes the written return important, because it is the record of who received the papers and how.

Under MCR 2.103(A), process "may be served by any legally competent adult who is not a party or an officer of a corporate party." A private process server's proof is the statement described in MCR 2.104(A)(3): "a written statement of the facts of service, verified under MCR 1.109(D)(3)." The rule continues: "The statement shall include the manner, time, date, and place of service, and indicate the process server's official capacity, if any."

The same rule adds: "The place of service must be described by giving the address where the service was made or, if the service was not made at a particular address, by another description of the location." For a business serve, a clear return also names the person who took the papers, or describes them if they would not give a name, along with their role at the business. More on returns is in Proof of Service in Michigan: What MCR 2.104 Requires.

Mistakes that cost time

  • Treating a DBA like a corporation. Resident agents are part of the corporate and LLC routes. MCR 2.105(B)(4) does not mention one. It points to the person in charge of the business and a mailing to the owner.
  • Finishing half of a two-step route. MCR 2.105(B)(4), the second route in MCR 2.105(C), and MCR 2.105(E) each pair a delivery with a mailing. A delivery without the mailing leaves the route incomplete.
  • Losing track of the clock. Under MCR 2.102(D), "A summons expires 91 days after the date the summons is issued." A business that has moved, changed owners or changed names can take longer to serve, so start early. See The 91-Day Summons Window in Michigan.

The rules do include a safety valve, but it is not a plan. MCR 2.105(K)(3) says: "An action shall not be dismissed for improper service of process unless the service failed to inform the defendant of the action within the time provided in these rules for service." Following the subrule that fits the business is still the simplest way to avoid a challenge.

When none of these routes can reasonably be completed, MCR 2.105(J)(1) lets the court order another method "On a showing that service of process cannot reasonably be made as provided by this rule." That process is covered in Substituted Service Under MCR 2.105.

What to send with a business service request

  • The summons and complaint as issued by the court, with the issue date visible.
  • The defendant's name exactly as it appears on the summons.
  • What kind of business it is, if you know: a sole owner with an assumed name, a general partnership, a limited partnership, or an association.
  • Names of the owner, the general partners or the officers, and any agent named in writing.
  • The business address and its hours, plus any home address you have for the owner or a general partner.

Our checklist for any serve is in What Your Process Server Needs Before the First Attempt, and the rules on who may serve are in Who Can Legally Serve Court Papers in Michigan.

Where a process server fits

Our part is the in-person delivery. We take the summons and complaint the court issued, deliver them to the person the subrule names, at the business or wherever that person can be found in Michigan, and return a signed affidavit of service that records who received the papers, when and where.

We are not a law firm and we are not the court. We do not choose which subrule applies or give legal advice, and under MCR 2.104(C) the mailing is arranged by the party who requested the summons. We also cannot look up a case, a hearing date or a judge.

If your summons and complaint are ready to serve on a partnership, an assumed-name business or an association, request a process server or call (248) 268-0097.

Sources

This article describes what the Michigan Court Rules and MCL 445.1 say about serving a partnership, an assumed-name business or an unincorporated association. It quotes the rule language as published in the Michigan Court Rules updated September 2, 2026, and MCL 445.1 as published by the Michigan Legislature, both retrieved for this site on October 21, 2026. It is general information about process serving, not legal advice. Service requirements differ between states and can differ by venue, so confirm the requirements for your venue with the court handling the matter or with your attorney.