Burnett County Circuit Court, Wisconsin Service and Proof of Service Rules

CRITICAL

The creditor must complete the earnings garnishment form and serve one form on the debtor and one on the garnishee defendant within 60 days after filing the notice.

The creditor must complete the earnings garnishment form and within sixty (60) days after filing notice, the creditor shall serve one of the two (2) earnings garnishment forms upon the debtor and one upon the garnishee defendant.

CRITICAL

Service

Mail

The debtor must mail the financial disclosure statement directly to the judgment creditor within 15 days after judgment is filed, unless the judgment is paid within that period; the statement need not be filed in court.

He or she must mail it directly to the judgment creditor within fifteen (15) days after the judgment is filed in court, unless within that time the judgment is paid. The debtor need not file this information in court.

CRITICAL

Notice of the hearing must be given to the creditor, debtor, and garnishee defendant.

Notice of the hearing shall be given to the creditor, debtor and garnishee defendant.

CRITICAL

If a parent does not attend the custody hearing and their address is known, the clerk or intake worker must send them form JD-1716 immediately after the hearing.

If a parent does not attend the custody hearing, the juvenile court clerk or intake worker shall send a copy of the written form JD-1716 to the nonattending parent if the address is known immediately at the conclusion of the hearing.

CRITICAL

The debtor must complete the answer form and deliver or mail it to the garnishee.

The debtor must complete the form and deliver or mail it to the garnishee.

CRITICAL

When seeking withdrawal, the attorney must give notice of the hearing to the court and all opposing parties; the notice method is not specified.

An attorney who intends to withdraw as counsel of record shall first file a written motion and schedule the matter for hearing with notice to the court and all opposing parties.

CRITICAL

The debtor must be served with an exemption notice, answer form, exemption worksheet, and poverty guidelines along with the earnings garnishment form.

Along with the earnings garnishment form, the debtor must also be served with an exemption notice, an answer form, an exemption worksheet, and poverty guidelines.

CRITICAL

Applies to

Notice of motion for default judgment

Service

Mail to opposing party

When the defendant was not personally served, the default-judgment motion notice must be mailed to the defendant's last known address.

In cases where no personal service is obtained upon the defendant (i.e., substitute or published), notice of motion for default judgment shall be given to the defendant by regular mail at the defendant's last known address.

CRITICAL

The required default-judgment notice may be provided by an affidavit of mailing or a cover letter showing that the defendant was copied on the default papers filed with the court.

Notice may be accomplished by either an affidavit of mailing or cover letter showing that the defendant was copied on the default papers filed with the court.

CRITICAL

Applies to

Notice of motion

Service

Mail

When personal service has not been obtained, the notice of motion for default judgment must be mailed to the defendant’s last known address.

notice of motion for default judgment shall be given to the defendant by regular mail at the defendant's last known address.

CRITICAL

Deadline

48 hours

Service

Mail

In eviction and replevin actions, a petition or motion to set aside judgment must be served by mail with a certificate or affidavit of mailing at least 48 hours before the hearing.

(7) In evictions and replevin actions, the Petition/Motion to set aside judgment shall be served by mail with certificate of mailing or affidavit of mailing not later than 48 hours before the time specified for the hearing.

CRITICAL

The garnishee must send a copy of the debtor’s answer to the creditor.

It is the garnishee’s duty to send a copy of the answer to the creditor.

CRITICAL

The party requesting a telephone motion must notify all parties, initiate the call, and connect those who wish to appear by telephone.

The party requesting the telephone motion is responsible for notifying all parties, initiating the call, and connecting all parties to the call who wish to appear by telephone.

CRITICAL

When personal and substituted service have failed in an eviction action, the procedure is to adjourn the return date and use posting and mailing.

(6) Where personal and substituted service has failed in eviction actions, adjournment of the return date, posting, and mailing is the procedure.

CRITICAL

The defendant must provide a copy of the Answer to the plaintiff or the plaintiff’s attorney before the return date.

The defendant must also provide a copy of any such Answer to the plaintiff (or the plaintiff’s attorney) prior to the return date.

CRITICAL

Applies to

Petition and order for hearing of contempt

Service

Personal service

The contempt petition and hearing order must be personally served if the moving party seeks a bench warrant or other sanction for the debtor’s failure to appear.

The Petition and Order for Hearing of Contempt on the failure to file a financial disclosure statement must be served personally if the moving party wants to request a bench warrant or other sanction for the judgment debtor’s nonappearance.

CRITICAL

Service on the debtor may be made by first-class mail, certified mail with return receipt requested, or any summons-service method other than publication.

Methods of service on the debtor include: (1) first class mail; (2) certified mail, return receipt requested; (3) any means permissible for the service of a summons in a civil action, other than by publication.

CRITICAL

Service

Mail to all parties

The clerk must mail each party, or the party’s attorney if represented, a copy of the random juror list at least 10 days before trial.

A copy of the random list will be mailed to each of the parties (or their attorney if represented) no less than 10 days prior to the scheduled trial date.

CRITICAL

A copy of the more detailed statement must be sent to all opposing parties.

A copy of this statement must also be sent to all opposing parties.

CRITICAL

Applies to

Notice of hearing

Service

Publication

A copy of the notice of hearing must be published in the local newspaper or official county newspaper for three weeks.

A copy of the notice of hearing must be published with the local newspaper or in the official county newspaper for three (3) weeks.

CRITICAL

The agency must send all parties entitled to notice copies of its communication to the court, whether a petition or letter.

The agency shall ensure that copies of the communication to the court (whether Petition or letter) shall be sent to all parties entitled to notice.

CRITICAL

Service on the garnishee defendant may be made by first-class mail, certified mail with return receipt requested, any summons-service method other than publication, or another method if the garnishee defendant signs an admission of service.

Methods of service on the garnishee defendant include: (1) first class mail; (2) certified mail, return receipt requested; (3) any means permissible for the service of a summons in a civil action, other than by publication; and (4) other means if the garnishee defendant signs an admission of service.

CRITICAL

In small-claims suits for money judgments, summons may be served personally, by substituted service, or, within Burnett County, by mail sent by the Burnett County Clerk of Court.

901.01 Alternatives for service of summons and complaint. (1) In suits for money judgments, service of summons may be by personal service, substituted service or, if within Burnett County, by mail sent by the Burnett County Clerk of Court.

CRITICAL

If the post office returns the summons to the Clerk of Court’s Office, the plaintiff must serve the defendant by personal service, substituted service, or publication.

(2) If a summons is returned to the Clerk of Court’s Office by the post office, the plaintiff must serve the defendant(s) by personal service, substituted service, or publication.

CRITICAL

The foreclosure plaintiff must determine who occupies the property and notify any occupants other than the defendant borrowers of the pending foreclosure action.

602.05 In foreclosure actions, the plaintiff(s) shall determine whether and by whom the subject real estate is occupied. If the subject real estate is occupied by persons other than the defendant borrower(s), the plaintiff(s) shall give notice of the pending action to foreclosure to the occupants.

CRITICAL

The personal representative or estate attorney must send all interested parties notice of the objection and hearing.

The personal representative or attorney for the estate shall send notice of the objection and notice of the hearing to all interested parties.

CRITICAL

Applies to

Agreement and order

After the order is signed, intake must provide written copies of the agreement and order to the juvenile, the parent, guardian, or legal custodian, the service agency, and the juvenile court clerk.

Upon signing of the order, intake shall provide written copies of the agreement and order to: the juvenile; the parent, guardian, or legal custodian; the agency providing services under the agreement; and, the juvenile court clerk.

CRITICAL

Eviction actions require personal or substituted service.

(3) Eviction actions require personal or substituted service.

CRITICAL

Service

Personal service

Replevin actions must be commenced by personal service.

(4) Replevin actions must be commenced by personal service.

CRITICAL

Deadline

7 business days

Service on the debtor must occur within seven business days after service on the garnishee.

Service on the debtor shall be made within seven (7) business days after the date of service on the garnishee and at least three (3) business days before the payday of the first pay period affected by the garnishment.

CRITICAL

The agency must transmit court-report copies to the attorneys involved and directly to any unrepresented parents.

The agency completing the court report shall transmit copies of the report to the attorneys involved in the matter. In the case of parents who are not represented by counsel, a copy of the report shall be transmitted directly to them by the agency.

CRITICAL

When drafting an order for payment, the GAL must copy all counsel and parties.

When drafting an order for payment, the GAL shall copy all counsel and parties

CRITICAL

Applies to

Summons and complaint

A plaintiff may not serve a defendant with the summons and complaint by first-class or certified mail at the defendant’s workplace; the restriction does not apply to personal service there.

The plaintiff may not serve the summons and complaint on a defendant by first class mail or certified mail at his or her workplace. This exception does not apply to personal service on a party at his or her workplace.

WARNING

The party requesting a scheduling conference must notify all parties in writing of the call’s date and time, initiate the call, and connect all parties.

The party requesting the scheduling conference is responsible for notifying all parties in writing of the date and time of the call, initiating the call, and connecting all parties to the call.

WARNING

Applies to

Scheduling order

The clerk will not send signed scheduling-order copies unless a self-addressed stamped envelope is provided.

Signed copies of scheduling orders will not be sent out by the clerk of court unless a self-addressed stamped envelope has been provided.

WARNING

Service

Publication

If personal, substituted, or mail service has failed, the plaintiff may request court permission on the return date to use publication to establish personal or in rem jurisdiction.

(5) Where personal, substituted, or mail service has failed, the plaintiff may request permission of the Court on the return date for publication to establish personal or in rem jurisdiction.

WARNING

Service

Mail

For construction liens, certified mail satisfies the registered-mail requirement if the sender obtains a postal receipt and requests a return receipt.

construction liens, the statutory requirement of registered mail is met by certified mail if a sender’s receipt is obtained from the postal authorities and return receipt is requested.

WARNING

Motions, supporting documents and briefs should be filed with the court and served on the nonmoving party at least twenty (20 days before the hearing date unless provided otherwise by these rules or order of the court.

Motions, supporting documents and briefs should be filed with the court and served on the nonmoving party at least twenty (20 days before the hearing date unless provided otherwise by these rules or order of the court.

WARNING

The opposing party should serve its written response at least five days before the hearing.

The opposing party should serve and file a written response at least five (5) days before the hearing.

INFO

The answer may be sent to the garnishee or amended at any time during the effective period of the earnings garnishment.

The answer can be sent to the garnishee or amended at any time during the effective period of earnings garnishment.