Residential Sub-Service in Wisconsin

Wisconsin Statutes permit legal documents to be served to someone other than the named servee. Unlike most states, Wisconsin Statues require "diligence" to be shown prior to performing residential substitute service. Vendors can show "diligence" by making attempts to serve the servee personally BEFORE effecting residential substitute service. 

EZ Messenger customers require a minimum number of attempts to personally serve the servee be made prior to performing residential substitute service. The minimum number of attempts vary by customer, but are easily found on the EZ Messenger Field Sheet under Client Rules. Performing Residential Sub-Service should be avoided unless attempts to personally serve the servee have been made first. The prior attempts to make personal service should be logged by using our mobile application. 

Wisconsin Statutes read in part...

"801.11  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;"

To learn more on about the Wisconsin State Statutes governing service of civil process, please visit their website by clicking here.

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