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Ellen
Ellen, Attorney
Category: Business Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I put a new basement under an exisiting house and the fella

Customer Question

I put a new basement under an exisiting house and the fella didn't pay the last 10 grand.

I sued, and when the process server, who knew the defendant, when to his house to serve him, he refused service by telling the server "he didn't want the papers, to leave and give them to the sheriff.", and then slammed the door in his face before he could explain the papers to him as the statute requires. He left the summons and complaint there at the entrance considering him served. The defendant by his attorney challenged service. Defendant admits finding the papers for him and his wife the same day, in his affidavit to support the challenge. Had a hearing yesterday, on the defendant's motion to dismiss for lack of jurisdiction, on the 2nd of Sept, and the judge took it under advisement, requesting some support precedent as to whether or not that constituted service.
So I am looking for something that would support the fact that constituted service, in Wisconsin.
Submitted: 6 years ago.
Category: Business Law
Expert:  Ellen replied 6 years ago.
Hello,

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open forum. Do you understand and accept these provisions as well as Justanswer.com's disclaimer?

Please respond with a Yes or No to continue.
Customer: replied 6 years ago.
What do you mean by you cannot give legal advice? Does it mean you will tell me what you would do or present to the court if it were you?

If so that is fine.
Expert:  Ellen replied 6 years ago.
What do you mean by you cannot give legal advice?
I can give you information as to whether or not the statute applies

Does it mean you will tell me what you would do or present to the court if it were you?
I can give you information that appears to apply based upon the facts in your post but not tell you what to do

Do you accept these terms?
Customer: replied 6 years ago.
yes
Expert:  Ellen replied 6 years ago.

The service appears valid. Here is the Wisconsin landmark Supreme Court case.

Borden v. Borden, 63 Wis. 374, 23 N.W. 573 (1885).
In Borden, the Wisconsin supreme court concluded that service may be proper even if a party refuses to physically receive the proffered legal papers. - "It is of course impossible, without the use of violence, to compel a party to receive and retain papers offered him with a view of making a service. Any act of violence to accomplish that end is not to be tolerated. And when a party refused to accept a copy of a summons which is offered him in a civil and proper manner, after being informed what the paper is, there is no other way to make service but deposit the process in some appropriate place, in the presence of the party, if possible, or where it will be most likely to come to his possession. If, then, the party to be served does not get a copy of the summons it will be entirely owing to his own fault."

It is still the law in Wisconsin. Here is a more recent case:
http://www.wicourts.gov/ca/opinion/DisplayDocument.html?content=html&seqNo=2750

Good luck
Customer: replied 6 years ago.
Thank you sir that is helpful.

I have been paying a monthly fee to just answers, but do not seem to be able to ask a question without depositing more money.
I don't want to pay twice, so what should I do?
Expert:  Ellen replied 6 years ago.
Thank you very much for letting me know about the problem you are having. I am going to contact administration for you. Please let me know if I can assist you in the future
Customer: replied 6 years ago.
Thank you, XXXXX XXXXX await a reply. please have them contact me [email protected] or phone XXX-XXX-XXXX

Expert:  Ellen replied 6 years ago.
thank you again

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