Service By Certified Mail is Not Valid Service of Process

Last fall, the Minnesota Defense Lawyers Association asked McCollum Crowley attorney Cheryl Hood Langel to write its amicus brief to the Minnesota Supreme Court in a case where the plaintiff claimed that certified mail constituted service of process.

The defendant had returned a signed receipt card acknowledging that he received the envelope with the complaint. The court of appeals, following one if its earlier decisions, held that this service was sufficient. But, agreeing with the defendant and amicus, the supreme court today reversed, ruling that service by certified mail fails to comply with the service requirements in Rule 4.

This important decision, which ends the previous ambiguity regarding sufficient service, will ensure that only those actions properly served on defendants will be heard by Minnesota courts.

Super Lawyers Preeminent CLM DRI Minnesota Defense Lawyers Association