Wisconsin Service of Summons and Complaint

State:
Wisconsin
Control #:
WI-SKU-0501
Format:
PDF
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Description

Service of Summons and Complaint

Wisconsin Service of Summons and Complaint is a formal court document that is used to initiate a legal action in the state of Wisconsin. It is served by an individual or entity called a process server or sheriff to the defendant(s) identified in the document. The Summons and Complaint includes information about the plaintiff's claim, the defendant's legal rights, and the court's jurisdiction. The two main types of Wisconsin Service of Summons and Complaint are: 1. Personal Service: This is when the process server or sheriff physically serves the Summons and Complaint to the defendant. 2. Substitute Service: This is when the process server or sheriff leaves a copy of the Summons and Complaint at the defendant's residence or place of business with an adult over the age of 18 (not a party to the action). The process server or sheriff must also mail a copy of the Summons and Complaint to the defendant's last known address.

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FAQ

Personal service at least 72 hours prior to the hearing if the person is found in Wisconsin but not in the county where the hearing is being held. Motion and Order for Hearing on Contempt Must be served eight working days prior to the court date.

Any subpoena may be served by any person by exhibiting and reading it to the witness, or by giving the witness a copy thereof, or by leaving such copy at the witness's abode.

The summons may be served in person, either inside or outside this state. A copy of the summons left at the defendant's normal residence will suffice if Wisconsin Process Service cannot be accomplished with reasonable care.

Personal service at least 72 hours prior to the hearing if the person is found in Wisconsin but not in the county where the hearing is being held. Motion and Order for Hearing on Contempt Must be served eight working days prior to the court date.

There is no limit to the number of times a process server can visit you or come to your house to serve you documents. Each process server has their own rules as to how many times they will attempt to serve documents. In most cases, three attempts will be made, and at different times of the day and on different days.

Generally speaking, if you were not served then the court can not take legal action against you. Process servers are required to show proof of due diligence when attempting to serve legal documents.

Stat. § 180.0504. Section 180.0504 - Service on corporation (1) A corporation may be served with any process, notice, or demand required or permitted by law by serving its registered agent.

The defendant must be personally served with a copy of the summons and complaint. You may not serve the defendant yourself and you may not mail the papers. Documents may be served through the sheriff or through a private process server. After the defendant has been served, the case can go to court.

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Wisconsin Service of Summons and Complaint