Serving a lawsuit is a crucial first step in any Wisconsin civil case. It ensures the defendant is properly notified of the legal action against them and allows the court proceedings to move forward. But how exactly do you serve a lawsuit in Wisconsin?

This post will break down the different methods for serving a defendant in the Badger State:

The Preferred Method: Personal Service

In most cases, personal service is the best way to go. This involves physically handing the lawsuit documents, including the summons and complaint, directly to the defendant. You can enlist a process server, a professional that can help ensure proper service.

Alternatives to Personal Service

If personal service proves difficult, Wisconsin law allows for alternative methods:

• Substitute Service: If the defendant is evading service or you can't locate them, you might be able to leave the documents with a suitable person at their residence or workplace (someone over 18 who lives there or is employed there). This must be followed by mailing a copy to the defendant's last known address.

• Certified Mail (Limited Use): In specific situations, the court may allow serving the documents via certified mail with return receipt requested. The defendant must personally sign for them.

• Service by Publication: This method, typically used as a last resort, involves publishing a legal notice in a newspaper and mailing a copy of the documents to the defendant's last known address. It's only allowed when the defendant's whereabouts are truly unknown and after reasonable attempts to locate them have failed.

Important Considerations

• Following the Rules: Each service method has specific rules regarding timing and documentation. Ensure you adhere to these guidelines to avoid delays or having service overturned.

• Proof of Service: Whoever serves the documents must file an affidavit (a sworn statement) with the court detailing how service was made. This serves as proof that the defendant was properly notified.

Seeking Professional Help

Serving a lawsuit can be a complex process. Consider consulting with an attorney to ensure everything is done correctly. They can guide you on the appropriate method for your case, handle the service process, and file the necessary paperwork.

Remember: This blog post is for informational purposes only and shouldn't be considered legal advice. For specific guidance on serving a lawsuit in your case, consult with a Wisconsin lawyer.

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.