Can you tell me the laws in Wisconsin where a lawsuit was filed in one county and defendant resides in another county. My understanding is defendant must be served in person and by mail.
Country relating to Question: United States
Hello and thanks for asking your question. My name is XXXXX XXXXX X will be assisting you. First of all, the law determining in which county the lawsuit should be filed is 801.50. You would first want to confirm that you have filed in the correct county, as follows:(2) Except as otherwise provided by statute, venue in civil actions or special proceedings shall be as follows: (a) In the county where the claim arose; (b) In the county where the real or tangible personal property, or some part thereof, which is the subject of the claim, is situated; (c) In the county where a defendant resides or does substantial business; or (d) If the provisions under par. (a) to (c) do not apply, then venue shall be in any county designated by the plaintiff.Regarding service of process on the defendant, the law is found at 801.11801.11 Personal jurisdiction, manner of serving summons for. A court of this state having jurisdiction of the subject matter and grounds for personal jurisdiction as provided in s. 801.05 may exercise personal jurisdiction over a defendant by service of a summons as follows: (1) Natural person. Except as provided in sub. (2) upon a natural person: (a) By personally serving the summons upon the defendant either within or without this state. (b) If with reasonable diligence the defendant cannot be served under par. (a), then by leaving a copy of the summons at the defendant's usual place of abode: 1. In the presence of some competent member of the family at least 14 years of age, who shall be informed of the contents thereof; 1m. In the presence of a competent adult, currently residing in the abode of the defendant, who shall be informed of the contents of the summons; or 2. Pursuant to the law for the substituted service of summons or like process upon defendants in actions brought in courts of general jurisdiction of the state in which service is made. (c) If with reasonable diligence the defendant cannot be served under par. (a) or (b), service may be made by publication of the summons as a class 3 notice, under ch. 985, and by mailing. If the defendant's post-office address is known or can with reasonable diligence be ascertained, there shall be mailed to the defendant, at or immediately prior to the first publication, a copy of the summons and a copy of the complaint. The mailing may be omitted if the post-office address cannot be ascertained with reasonable diligence. (d) In any case, by serving the summons in a manner specified by any other statute upon the defendant or upon an agent authorized by appointment or by law to accept service of the summons for the defendant.Thus, the summons and suit papers should be personally served. This is usually done through the sheriff or a process server.David L41084.747537037
Corporate, Real Estate, Estate Planning, Probate and General Litigation attorney 14+ years
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).