Overview
Process Server in Wisconsin: How Service of Process Works
In Wisconsin, a lawsuit is commenced when the summons and complaint are filed, but only if they're served on the defendant within 90 days after filing. Any adult resident of the state where service is made who isn't a party can serve, and residents of Illinois, Iowa, Michigan and Minnesota can also serve in Wisconsin. If personal service can't be made with reasonable diligence, the papers can be left at the defendant's home with a family member aged 14 or older, or a competent adult who lives there, who must be told what the papers are.
Who serves process
Who Can Serve Legal Documents in Wisconsin
Under Wis. Stat. § 801.10, a summons may be served by any adult resident of the state where service is made who is not a party, and within Wisconsin also by an adult non-party resident of Illinois, Iowa, Michigan or Minnesota. Wisconsin doesn't license process servers.
Personal service is required first. Abode service is allowed only if personal service can't be made with reasonable diligence.
Typical documents include summonses and complaints, small claims papers, family court papers, eviction papers and subpoenas.
Proof you receive: a sworn affidavit of service
The server signs an affidavit of service, or an unsworn declaration under penalty of false swearing, stating how, when and where service was made and, for abode service, that the recipient was told the contents.
Service within the 90-day window
Priority service in all 72 counties so your action is commenced, with documented diligence before any abode service.
Abode service done right
Abode service with a qualifying recipient who's told the contents, recorded in an affidavit that meets § 801.11.
Milwaukee, Madison and statewide
Service in Milwaukee, Dane, Waukesha, Brown and every Wisconsin county.
The rules
Wisconsin Service of Process Rules
The Wisconsin statutes that matter most for service:
| Rule | What it covers |
|---|---|
| Wis. Stat. § 801.02(1) | Action commenced on filing, if served within 90 days |
| Wis. Stat. § 801.10 | Who may serve, including four neighboring states' residents |
| Wis. Stat. § 801.11(1) | Personal, abode and publication service |
| Wis. Stat. § 801.13 | When a summons is deemed served |
| Wis. Stat. § 802.06 | Time to answer |
Treaties
Wisconsin and the Hague Conventions: Treaty Status
The Hague Service Convention lets member countries send documents to each other's Central Authorities for service. Wisconsin has not joined it, so that route isn't available, and the Convention's Article 10 rules on postal and private service don't apply. Whether those methods are acceptable depends on Wisconsin's law and on what your court allows.
Wisconsin is not a party to the Hague Evidence Convention, so requests for witness testimony or documents go through letters rogatory.
