MS HB1204

Amends summons requirements in justice court to include a copy of the sworn declaration and specifies summons must name the court and parties, be directed to the defendant, state plaintiff's attorney or plaintiff information, include appearance date/time, warn of default judgment consequences, be signed by the clerk, and bear the court seal.

Allows any constable in a county to serve process regardless of district, and permits the clerk to issue an alias summons to the sheriff, plaintiff's attorney, or any non-party person age 18 or older if process is not returned within 10 working days upon written request.

Establishes that the server's return of summons is prima facie proof of service, permits defendant written acknowledgment of service, and requires a sworn affidavit when service is by mail or posting.

Allows court costs for constable service fees up to statutory limits and certified mail postage to be taxed as recoverable costs; prohibits constable fee payment if another person serves process after the 10-working-day period expires.

Clarifies service of process methods in justice court (personal delivery, leaving at defendant's residence with family member age 16 or older, or posting at residence and courthouse with required mailing) and establishes when service is deemed complete (actual service date, 10 days after first-class mailing, certified mail delivery date, or waiver date).