Wisconsin State Process Service
$179 Routine - $229 Rush
In Wisconsin, the rules for service of process are governed primarily by the Wisconsin Statutes, specifically Chapter 801 (Civil Procedure), which outlines the procedures for serving summons and complaints in civil cases. Here are the key provisions:
1. Methods of Service
- Personal Service (801.11(1)): A summons and complaint must be personally served on the defendant. This is typically done by delivering the documents directly to the person being served.
- Substitute Service (801.11(2)): If personal service is not possible, a summons and complaint may be left at the defendant’s usual place of abode with someone who is at least 14 years old and who resides there. The server must also mail a copy of the documents to the defendant’s last known address within a reasonable time.
- Service on Corporations or Partnerships (801.11(5)): If serving a corporation, partnership, or unincorporated association, the summons may be delivered to an officer, managing agent, or an agent appointed for service of process.
2. Service by Mail
- Certified Mail with Return Receipt (801.14): In some cases, service by mail is allowed. A defendant may be served by sending a copy of the summons and complaint by certified mail with return receipt requested. If the defendant fails to return the signed receipt within 21 days, the plaintiff may seek alternative service methods.
3. Service by Publication
- Publication (801.14(2)): When the defendant cannot be found after diligent search, service may be made by publishing a notice in a newspaper in the county where the action is filed. This is only allowed after the court has granted permission for service by publication.
4. Service on Non-Residents and Outside the State
- Out-of-State Service (801.05): If a person is outside of Wisconsin, service can be made in the same manner as it would be in Wisconsin, or by registered or certified mail, return receipt requested.
5. Proof of Service
- Return of Service (801.10): After the service has been made, the server must file a proof of service with the court, which indicates the date, time, and manner of service. This is often done using an affidavit.
6. Time Limits for Service
- A summons must generally be served within 60 days of filing the complaint (801.02(1)), or else the case may be dismissed unless the court grants an extension.