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  1. #1
    Join Date
    Oct 2011
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    1

    Default Served Court Papers to Someone else in Household

    My question involves an auto loan or repossession in the State of: Wisconsin

    I was behind on my auto loan but was in contact with the lender regarding this as of the beginning of September. I was told I had until the 26th of the month to get paid up and current on my loan. I ended up paying the whole amount plus a little extra and my September payment on the 23rd. They served papers dated on the 27th to my father since I was not home not even in an envelope on the 30th. I received my statement today and it has no past due amount so I am entirely confused on why I was served to begin with since I am current and even before the date that I needed to pay by. Anyways-

    Question #1: Can they legally serve papers to someone other than the defendent?
    Question #2: Shouldn't they actually be in a sealed envelope only to be opened by the named defendent? (I know some states they don't but I am not sure about WI)

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Served Court Papers to Someone else in Household

    Quote Quoting kv86
    View Post

    Question #1: Can they legally serve papers to someone other than the defendent?
    Question #2: Shouldn't they actually be in a sealed envelope only to be opened by the named defendent? (I know some states they don't but I am not sure about WI)

    Answers:

    1) they can serve anyone, usually over the age of 12 yrs, who answers the door of where you live
    2) your kidding, right? The answer is no .. they usually deliver the summons and complaint w/o an envelope...

  3. #3
    Join Date
    Sep 2010
    Posts
    19,280

    Default Re: Served Court Papers to Someone else in Household

    Yes, they have to use reasonable diligence to make personal service and while Wisconsin doesn't specifically spell out what that is in it's rules of Civil Procedure, leaving it with another adult residing at the address.

    And no it's not going to be in a sealed envelope. Quote the opposite, it is going to be quite prominently displayed as being a summons by necessity. It's public knowledge one the action is commenced. If they didn't find someone to give it to at your house, they'd have published it in the newspaper.

  4. #4
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: Served Court Papers to Someone else in Household

    Service by leaving papers with another person of proper age and mental capacity residing in the same residence (substitute service) is indeed acceptable service under Civil Procedure in most states. The only cases where direct service may be required are generally those involving service of restraining orders or actions coming under Family Law Rules.

    In most cases, process servers will not put papers in envelopes. They might put them in a clear plastic bag if they think that it might rain. In some states, alternate service cam be made by posting copies of documents at the address in a conspicuous place and sending copies by certified mail, restricted delivery. Or they can serve by publication. They can also serve you at any public place, including your place of employment if the employer allows it.

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