Service Affidavit - Wisconsin

DECLARATION OF SERVICE

Important Use Note

This is a customizable proof-of-service worksheet. It is not a mandatory statewide form and does not select a legally valid service method.

The Wisconsin Court System currently publishes FA-4120V, Declaration of Service, as a voluntary form for marriage and paternity matters. That official form states that it may not be modified, although it may be supplemented. Use the current official form when it fits the case. Other proceedings may have different mandatory or voluntary forms.

1. Caption

STATE OF WISCONSIN, CIRCUIT COURT, [________________________________] COUNTY

Case number: [________________________________]

Document title: DECLARATION OF SERVICE

2. Server Information

I, [________________________________], declare:

Address: [________________________________]

City, state, and ZIP code: [________________________________]

Telephone and email: [________________________________]

Capacity: ☐ Sheriff or deputy sheriff ☐ Private process server ☐ Other nonparty adult: [________________________________]

Official title, if sheriff or deputy sheriff: [________________________________]

I am not a party to this action: ☐ Yes

Residence at the time of service: [City] [________________________________], [State] [________________________________]

Server-Qualification Check for a Summons

Wis. Stat. § 801.10(1) permits an authenticated summons to be served by an adult resident of the state where service is made who is not a party. Under § 801.10(1m), an adult nonparty resident of Illinois, Iowa, Michigan, or Minnesota may also serve a summons in Wisconsin.

☐ I was an adult resident of the state where service was made and was not a party.

☐ Service occurred in Wisconsin, and I was an adult nonparty resident of Wisconsin, Illinois, Iowa, Michigan, or Minnesota.

☐ A different law or court order authorized me to serve. Authority: [________________________________]

3. Papers Served

I served true copies of the following papers:

☐ Authenticated summons

☐ Complaint or petition

☐ Notice that the case was electronically filed and instructions for using the electronic filing system

☐ Order to show cause or hearing order dated [__/__/____]

☐ Motion or other later-filed paper: [________________________________]

☐ Other: [________________________________]

Number of pages or attachments, if useful for identification: [________________________________]

4. Service Event

Date: [__/__/____]

Time: [____]:[____] ☐ a.m. ☐ p.m.

Street address or other precise location: [________________________________]

City, state, and ZIP code: [________________________________]

Person or entity intended to be served: [________________________________]

Person who actually received the papers: [________________________________]

How I knew or confirmed that person's identity and role: [________________________________]

5. Method Actually Used

Complete only the method that was actually used. Do not use these choices to decide which method the law permits.

A. Personal Service on a Natural Person — Wis. Stat. § 801.11(1)(a)

☐ I personally delivered and left the papers identified above with the defendant or respondent named in the summons.

Name of person served: [________________________________]

Facts establishing identity: [________________________________]

B. Substituted Service at a Natural Person's Abode — Wis. Stat. § 801.11(1)(b)

☐ After reasonable diligence, I could not personally serve the defendant or respondent.

☐ I left a copy of the summons at the defendant's usual place of abode in the presence of:

☐ A competent family member at least 14 years old, whom I informed of the contents.

☐ A competent adult currently residing in the abode, whom I informed of the contents.

☐ A person authorized under the substituted-service law of the state where service occurred. Citation: [________________________________]

Name of person with whom papers were left: [________________________________]

Relationship to defendant, if known: [________________________________]

Age or basis for concluding the person met the applicable requirement: [________________________________]

Facts showing this address was the defendant's usual place of abode: [________________________________]

Wisconsin's abode-service text in § 801.11(1)(b) does not itself require mailing another copy within 24 hours. Do not add a mailing statement unless a different governing law, order, or authorized method required and completed it.

C. Service on a Corporation or Limited Liability Company — Wis. Stat. § 801.11(5)(a)

☐ I personally served an officer, director, or managing agent.

☐ Instead of delivering to that officer, director, or managing agent, I left the papers in that person's office with the person apparently in charge of the office.

Corporation or limited liability company: [________________________________]

Person served: [________________________________]

Title or apparent office role: [________________________________]

Facts supporting that role or apparent authority: [________________________________]

Section 801.11 contains separate provisions for partnerships, public bodies, insurers, and other defendants. For any defendant not covered by the selected method above, identify and follow the exact governing subsection before completing this declaration.

D. Other Specifically Authorized Method

☐ I used another method specifically authorized by the following statute, rule, court order, written consent, or other authority: [________________________________]

Describe every act that completed service under that authority:

[________________________________]

6. Reasonable-Diligence Attempts, If Required

If personal service was not completed, Wis. Stat. § 801.10(4)(a) requires proof, when service is challenged, to state facts showing reasonable diligence in attempting personal service.

Other search, contact, or location facts: [________________________________]

7. Summons Endorsement and Proof

Wis. Stat. § 801.10(2) directs the server, at the time of service, to sign the served copy of the summons and indicate the time and date, place and manner of service, and the person served. Section 801.10(3) directs the server to deliver proof to the person for whom service was made, who must promptly file it.

☐ At the time of service, I signed the served copy of the summons and recorded the time and date, place, manner, and person served.

☐ I delivered this proof of service to [________________________________] on [__/__/____].

Attachments supporting or supplementing this declaration: [________________________________]

8. Small-Claims and eFiling Limits

General Civil Timing

For a general civil action seeking a personal judgment, Wis. Stat. § 801.02(1) provides that the action is commenced as to a defendant when the summons and complaint naming that defendant are filed, provided authenticated copies are served under Chapter 801 within 90 days after filing. A different statute, rule, or order may control another kind of action or paper.

Filing date: [__/__/____]

Case-specific service deadline confirmed from current authority: [__/__/____]

Authority used to calculate deadline: [________________________________]

Small Claims

Wis. Stat. § 799.12 generally applies the Chapter 801 service rules to small claims but permits a circuit court, by rule, to authorize clerk mail service. Under that authorized mail procedure, the filer submits the summons, mail-service request, and prescribed fee, and the clerk mails the summons. Do not use this declaration as a substitute for the clerk's mail-service record or assume every county authorizes the same procedure.

Small-claims local rule or clerk instruction checked: ☐ Yes ☐ Not applicable

Source checked: [________________________________]

Electronic Filing

Under Wis. Stat. § 801.18(5)(d), initiating documents are served by traditional methods unless the responding party has consented in writing to electronic or another method. Under § 801.18(4)(c) and (6)(a), when personal service is not required, the electronic filing system's notice of activity can constitute proof of service on other users in the case.

☐ This declaration concerns initiating documents served by an authorized method.

☐ This declaration concerns a document for which separate proof is required despite eFiling.

☐ The eFiling notice of activity is the applicable proof; this separate declaration is not being used as a substitute.

9. Declaration and Signature

Wis. Stat. § 887.015 generally gives a compliant unsworn declaration the same effect as a sworn declaration when Wisconsin law requires or permits a sworn declaration, subject to the statute's exceptions. Its required form includes the declaration, date, location, printed name, and signature below.

I declare under penalty of false swearing under the law of Wisconsin that the foregoing is true and correct.

Signed on the [____] day of [________________________________], [________], at [City or other location] [________________________________], [State or country] [________________________________].

Printed name: [________________________________]

Signature: [________________________________]

Filing Checklist

☐ Confirmed the exact papers and every attachment served

☐ Confirmed the server was legally qualified

☐ Confirmed the method matched the defendant type and case type

☐ Recorded the date, time, place, manner, and person served

☐ Described reasonable-diligence attempts when personal service was not completed

☐ Completed the summons endorsement required by Wis. Stat. § 801.10(2)

☐ Used the current official court form when one applies

☐ Checked the summons, court order, local rule, and clerk instructions for the deadline

☐ Delivered the proof for prompt filing

Current Official Sources

• Wisconsin Legislature, Wis. Stat. § 801.02
• Wisconsin Legislature, Wis. Stat. § 801.10
• Wisconsin Legislature, Wis. Stat. § 801.11
• Wisconsin Legislature, Wis. Stat. § 799.12
• Wisconsin Legislature, Wis. Stat. § 801.18
• Wisconsin Legislature, Wis. Stat. § 887.015
• Wisconsin Court System, FA-4120V, Declaration of Service (rev. Sept. 2024)