After you file the Summons and Complaint and other forms, you must have someone specially deliver a copy to your tenant or tenants and other people in the home you want to evict. This is called serving papers.
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If you hire a process server, look for one who is close to where your tenant lives or works. Servers usually charge based on the time it takes them to serve so this may save you money. The sheriff charges to serve papers unless you have a fee waiver.
Your server must find your tenant and hand them a copy of the filed papers. Your server should write down the address where they gave your tenant the forms, along with the date and time. The server needs this information to fill out a Proof of Service of Summons (form POS-010) form for you.
What if the tenant won't take the forms?Your server can leave the papers near the tenant and tell them what they are. For example, your server can leave the papers on the doorstep and say, "These are important legal papers for you." The tenant needs to be there, though, even though they won't take the forms in their hands.
Your server can't leave the forms on the doorstep when no one's around.
If your server can’t find the tenant at home or work when the server tries to deliver the Summons and Complaint in person, you can try 2 other ways of serving them: substituted service or service by posting.
Substituted service is having your server hand the legal forms to an adult in the home or who seems in charge at the tenant's work. It can even be another tenant in the home. Then your server mails a copy of the same forms to the tenant at the address where they handed someone the forms. Service isn't considered done until 10 days after your server mails the forms. Get instructions for serving papers with substituted service. Service by posting. This means the server posts the forms on your tenant's home and then mails a copy. You can only use this type of service if the court gives you permission.
Before asking for permission, your server must first try to serve the tenant in person and by substituted service. The server must write a statement for the judge explaining when they tried to serve and why they weren't successful. The server can write their statement on form MC-030. You will need to file a request to ask the court for permission. Some Self-Help Centers may have a form you can use or you can ask for help at a law library. If the judge lets you serve by posting and mailing, your server has to post a copy of the Summons and Complaint on the property where the tenant will see it. Then, send another copy by certified mail to the tenant at the tenant's home address. Service is considered complete on the 10th day after the papers are mailed to the tenant.
Use the Proof of Service of Summons (form POS-010). It helps if you fill in the top part of the form with the case and court information. Your server can then fill in the information about how, when, and where they served the Summons and Complaint and related forms. Your server must date and sign at the bottom. Your server should then give the Proof of Service form back to you to file with the court.