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Service of Process for Safe at Home Participants


Use of Safe at Home Designated Address as the Participant’s Legal Address

Upon enrollment in Safe at Home, the state assigns participants a Saint Paul post office box address that they can use as their address for all purposes. Minn. Stat. § 5B.05 (2014). The Secretary of State is the agent for receipt of service of process for Safe at Home participants. Minn. Stat. § 5B.03, subd. 1(3) (2014). Only the participant’s name and designated address are required for service of process on a program participant. Minn. R. 8290.0500.

When a program participant presents the address designated by the secretary of state to any person, that address must be accepted as the address of the program participant. Minn. Stat. § 5B.05 (2014). The designated address satisfies the requirement to provide the court notice of a current address. Minn. Gen. R. Prac. 13 advisory committee’s comment (2009 amendment) (“If a party is a participant in the Secretary of State’s address confidentiality program, there is no reason not to permit the use of that address to satisfy the requirement of this rule.”).

 

For Service of Any Legal Documents by First Class, Including Certified Mail

To ensure delivery, envelopes containing documents to be served by mail, including writs, notices, motions, orders, judgments, demands, summons, subpoenas, or any other legal documents, must be clearly marked “Service of Process” on their exterior and must include the participant’s name and complete designated address, including lot number. 

If an envelope is not marked “service of process” but is otherwise properly addressed, it will be forwarded to the program participant, however processing may be slower.  The signed receipt of certified mail by the Secretary of State constitutes proof of service on the program participant and commences the time in which responsive pleadings must be filed.  Minn. R. 8290.0500, subp. 2.

 

For Service of Process in Person

If personal service is required, the documents may be served upon the Office of the Minnesota Secretary of State. The exterior of the envelope containing the documents must be clearly marked “Service of Process,” and include the participant’s name and complete designated address, including the lot number.

No fee will be charged for accepting service. 

The documents can be served between the hours of 8:00 am and 4:00 pm in care of the Office of the Minnesota Secretary of State at the following address:

State Office Building, Room 180       
100 Dr. Rev. Martin Luther King Jr. Blvd
Saint Paul, MN 55155

An affidavit of service on the Secretary of State constitutes proof of service on the program participant and commences the time in which responsive pleadings must be filed.  Minn. R. 8290.0500, subp. 3.