22-513

22-513. Method of service

A. In addition to any other available methods of service, the plaintiff may serve the summons and complaint by registered or certified mail. Service is deemed complete on the date of delivery of the registered or certified mail to the defendant as indicated on the return receipt that is received and filed with the court either in person or by first class mail. If the date of delivery was not entered by the postal carrier or is illegible, service is deemed complete on the date the return receipt is received and filed with the court, either in person or by first class mail. The clerk of the small claims division of the justice court may make service by certified restricted mail, return receipt requested.

B. If the defendant cannot be served by registered or certified mail, personal service by a process server or an authorized officer or by any other means pursuant to court rule may be used. If personal service is used, an affidavit of service shall be filed with the court.

C. If personal service is used, service is deemed complete on the date of delivery that is indicated on the certificate of service.

D. At the time a complaint is filed, the clerk shall notify the plaintiff that if the plaintiff serves the summons and complaint by registered or certified mail under subsection A of this section the plaintiff may file the registered or certified mail return receipt with the court either in person or by first class mail.