I am serving a notice of intent to sue with summons upon a muncipality, State of Wisconsin. I need to know what must be contained within the contents of the summons. I understand I must name all Defendants, and Plaintiffs. However, since the notice of intent to sue is not required to be filed with the court, the verbiage would not be the same as stated within Wis. Stat. 801.11.
Thank you for using Just Answer. Please keep in mind that this is a public forum and information posted here is not confidential.
The Notice of Intent to sue must set forth:
(1) The circumstances giving rise to the claim (what occurred) [Sec. 893.80(1)(a); and
(2) The claimant's address and a statement of the relief sought [Sec. 893.80(1)(b).
Generally,it is better to err on the side of including too much information than too little. Failing to provide enough information for the municipality to be able to clearly understand what gave rise to the claim and what relief is sought can result in the court determining that the notice provided was insufficient.
Thank you for you answer, however, my question pertained to the summons. Must the summons contain language such as, "You are hereby notified the Plaintiffs named above intend to file a lawsuit or other legal action against you. The Notice of Intent to Sue, which is attached and is served upon you, states the nature and basis of the legal action."
Also, should the summons and affidavit of service be filed with the court.
I think that you misread my prior response. The Notice of Intent to Sue must be served in the manner of a summons, but a summons does not need to be served until the commencement of a lawsuit, if that is necessary.
Due to restriction of time, I did have the notice of intent to sue by summons via a process server. The language I stated within the summons is the same as I informed you above. It contains no case no. I did reflect on the face of the Notice "HAND DELIVERED". The process server will provide me a notarized Affidavit of Service. Will the Notice be deemed properly served?
Since you didn't need to serve a summons with it, the contents of the summons don't really matter. As long as the notice of intent to sue included the necessary details about the action, and assuming that the process server complied with applicable law in regard to service (and they usually do) the notice should be sufficient.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).