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What happens in a small claims/eviction when a defendant is…

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What happens in a...

What happens in a small claims/eviction when a defendant is not properly served the summons papers

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Wisconsin

Lawyer's Assistant: Has anything been filed or reported?

Filed as of Dec 11th

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No thank you

Submitted: 1 month ago.Category: Legal
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1/5/2018
Lawyer: legalgems, Lawyer replied 1 month ago
legalgems
legalgems, Lawyer
Category: Legal
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 1 month ago

The court does not have jurisdiction until the defendant is properly served.

code 801.11 addresses proper service; please see:

https://docs.legis.wisconsin.gov/statutes/statutes/801/11

instructions on service here:

https://www.wicourts.gov/formdisplay/SC-6050V_instructions.pdf?formNumber=SC-6050V&formType=Instructions&formatId=2&language=en

If the service is not proper the defendant may bring a motion to quash service -however if that is being used as a delay tactic and the landlord has a strong case against the defendant and is likely to prevail, this may result in additional legal fees to the defendant since the court may award the prevailing party legal fees and court costs.

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Thank you and take care.

Here is a guide that may come in handy for landlord/tenancy issues in general.

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Lawyer: legalgems, Lawyer replied 1 month ago

Hello again; just checking in to see how things worked out;

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The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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