Background
Synchrony Bank sued Shelby L. Dunn to recover $4,965.72 in unpaid credit-card debt. A process server first went to Dunn’s home but could not access the property because of a storm. She returned the next day and left the summons and complaint with Maddie Dunn, who identified herself as Dunn’s daughter and co-resident and accepted service. The process server certified that she later mailed copies to Dunn at the residence.
Dunn did not respond, and the circuit court entered a default judgment for Synchrony. Dunn then moved to set aside the judgment and dismiss the complaint, asserting by affidavit that he had never received or been mailed the summons and complaint. After a hearing at which neither side called witnesses, the circuit court denied both motions. Dunn appealed only the refusal to set aside the default judgment, arguing that insufficient service deprived the court of personal jurisdiction.
The Court’s Holding
The Court of Appeals affirmed. Mississippi Rule of Civil Procedure 4(d)(1) permits substitute service at a defendant’s usual place of abode on a willing family member over sixteen, followed by first-class mailing, if personal service cannot be accomplished with reasonable diligence. Because the rules do not define reasonable diligence or prescribe a minimum number of attempts, the inquiry depends on the circumstances of each case.
The court held that the process server’s two trips to Dunn’s home constituted reasonable diligence under the circumstances, including Dunn’s work-related absences from home. Her properly executed return created a presumption of valid service, and the circuit court was entitled to find her affidavit more persuasive than Dunn’s competing affidavits. Because substitute service was proper, the default judgment was not void for lack of personal jurisdiction.
Key Takeaways
- Mississippi evaluates reasonable diligence before substitute service case by case; no fixed minimum number of service attempts applies.
- Two visits to a defendant’s residence were sufficient here before service on a qualifying family member, followed by mailing to the residence.
- A properly executed return of service creates a rebuttable presumption of valid service, and appellate courts defer to trial-court findings resolving conflicting evidence about service.
Why It Matters
The decision confirms that Mississippi process servers need not follow a rigid checklist before using substitute residential service. Courts will instead assess the documented efforts and the defendant’s circumstances, including extended work-related absences.
For parties challenging a default judgment as void, a denial of receipt does not automatically defeat a properly executed return. The trial court must resolve the factual conflict, and its findings receive deferential appellate review.