The method of service for the summons is slightly different than the method of service for the 5,14 or 28 days notices. While you may serve the notices yourself, you must have the summons and complaint served by a person who is not a party to the action, who is at least 18 years old and a resident of the state of Wisconsin

The tenant must be served at least 5 days prior to the court date, excluding Saturdays, Sundays and federal holidays. The safe bet is to make sure they are served 8 calendar days prior to the court date. There are a number of firms that will serve the papers for you.

 

Warning!: Unlike the 5-day notice, you can not serve the summons yourself. It must be served by a person who does not have ownership interest in the property.

strong>Potential Problem: Because of the marital property laws in the state of Wisconsin your spouse cannot serve this summons, even if you are the only one listed on the title of the property.

Tip: The Milwaukee Sheriff will serve the summons and complaint and return the original to the court along with the necessary affidavit.

Potential Problem: If the Sheriff serves your paper work you must allow the court to set the court date. This will add a week or two to the process.

Tip: You can hire a professional process server to deliver the notice to the tenant. This usually eliminates errors in service that may occur if you have a friend serve the papers. These services are listed in the yellow pages and in our business member directory

Here's some tips should you decide to have a friend serve the summons. The preferred method of service is to hand a copy of the summons and complaint to the tenant, the person doing the service will then write on the back of the original, the date, time and name of person served. If after using reasonable diligence they are unable to personally hand the papers to the tenant they may serve on a family member over the age of fourteen or other person residing at the premise. If neither method works, your final option is to staple, tack or tape the summons and complaint to the door of the unit and mail an additional copy to the tenant. In all cases you must tell the person whom you have served that the paperwork is an eviction summons.

Potential Problem: If you tack and mail you cannot get a money judgment against the tenant, only the eviction, unless the tenant appears in court.

Tip: You can tack and mail to get the eviction when you cant find the tenant and then "publish" to get the money judgment. Publishing cost $69 and is usually used when the tenant is collectible or may become collectible in the future.

Once the summons and complaint has been served, the person who served it must fill out an affidavit of service of the summons and sign it in front of a Notary Public. If you use the Sheriff or a professional process server they will provide the completed affidavit. You take the original copy of the affidavit to court with you on the return date, a fancy term for the first court date.