Wisconsin Statutes 601.73 – Procedure for service of process through state officer
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 601.73
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Plaintiff: The person who files the complaint in a civil lawsuit.
(1) Requirements for effective service. Service upon the commissioner or department of financial institutions under s. 601.72 is service on the principal, if:
(a) Two copies of the process are left in the hands or office of the commissioner or department of financial institutions respectively; and
(b) The commissioner or department of financial institutions mails a copy of the process to the person served according to sub. (2) (b).
(2) Commissioner’s action.
(a) Records. The commissioner and department of financial institutions shall give receipts for and keep records of all process served through them.
(b) Process mailed. The commissioner or department of financial institutions shall send immediately by certified mail to the person served, at the person’s last-known principal place of business, residence or post-office address or at an address designated in writing by the person, one copy of any process received and shall retain the other copy.
(c) Default judgment. No plaintiff or complainant is entitled to a judgment by default in any proceeding in which process is served under this section and s. 601.72 until the expiration of 45 days after the date of mailing of the process under par. (b). If the proceeding is to foreclose or otherwise enforce a lien or security interest, the plaintiff or complainant is not entitled to a judgment by default under this paragraph until the expiration of 20 days after the date of mailing of the process under par. (b).
(3) Proof of service. A certificate by the commissioner or the department of financial institutions, showing service made upon the commissioner or department of financial institutions, and attached to a copy of the process presented for that purpose is sufficient evidence of the service.