Civil Procedure — Service

Listen to this article

Wisconsin Court of Appeals

Civil

Civil Procedure — Service

When serving a complaint by publication and mailing, sending the pleadings to the wrong address is a fundamental defect.

“In this case the plaintiff tried to accomplish service by publication and mailing, but when it came to the mailing step, he sent the pleadings to the wrong address. The circuit court concluded that the failure to mail to the defendant’s known address was a fundamental defect in the service of process, and we agree. ‘Close enough’ is not good enough when it comes to service of process. Our legislature prescribes strict methods for the service of process before the court will have jurisdiction over the defendant. Where the plaintiff failed to duly perform those requirements, there can be no jurisdiction. Certain minor errors within the pleadings may be technical defects, but failing to complete the physical act of mailing to the defendant’s known address is not such an error. When service depends on mailing, mailing to the wrong place is a fundamental failure of the core requirements of personal jurisdiction.”

Affirmed.

Recommended for publication in the official reports.

2013AP2615 O’Donnell v. Kaye

Dist. II, Waukesha County, Davis, J., Brown, J.

Full Text