Overview
Process Server in Mississippi: How Service of Process Works
In Mississippi, a summons and complaint may be served by any person who is at least 18 and not a party, and the cost can be recovered up to the amount the sheriff would charge. Personal delivery comes first. Only if that can't be done with reasonable diligence can the papers be left at the defendant's usual place of abode with their spouse or a family member over 16 who is willing to accept them, followed by a mailing; that service is complete 10 days after mailing. Service must be made within 120 days of filing.
Who serves process
Who Can Serve Legal Documents in Mississippi
Under Mississippi Rule of Civil Procedure 4(c)(1), a summons and complaint may be served by any person who is not a party and is at least 18. Mississippi doesn't license process servers, and a private server's fee can be taxed as costs up to the sheriff's statutory amount.
Substituted service at the home is a fallback, available only after personal service can't be made with reasonable diligence.
Typical documents include summonses and complaints, justice court papers, eviction papers, subpoenas and divorce papers.
Proof you receive: a sworn affidavit of service
The server signs a proof of service stating how, when and where service was made; for substituted service, it also records the mailing.
Personal service statewide
Personal service in all 82 counties, with documented attempts that support substituted service if needed.
Substituted service done right
Substituted service with the required mailing, timed so service completes on schedule.
Jackson, Gulfport and statewide
Fast service in Hinds, Harrison, DeSoto, Rankin and every Mississippi county.
The rules
Mississippi Service of Process Rules
The Mississippi rules that matter most for service:
| Rule | What it covers |
|---|---|
| Miss. R. Civ. P. 4(c)(1) | Who may serve: any adult non-party |
| Miss. R. Civ. P. 4(d)(1) | Personal and substituted service on individuals |
| Miss. R. Civ. P. 4(c)(5) | Certified mail for out-of-state persons |
| Miss. R. Civ. P. 4(h) | Serve within 120 days of filing |
| Miss. R. Civ. P. 12(a) | 30 days to answer |
Treaties
Mississippi and the Hague Conventions: Treaty Status
The Hague Service Convention lets member countries send documents to each other's Central Authorities for service. Mississippi has not joined it, so that route isn't available, and the Convention's Article 10 rules on postal and private service don't apply. Whether those methods are acceptable depends on Mississippi's law and on what your court allows.
Mississippi is not a party to the Hague Evidence Convention, so requests for witness testimony or documents go through letters rogatory.
