Service of Process

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WI Court of Appeals – District III

Case Name: Ripco Credit Union v. Valerie Kennedy

Case No.: 2015AP1280

Officials: HRUZ, J.

Focus: Service of Process

Valerie Kennedy appeals an order denying her motion to vacate a default judgment in favor of Ripco Credit Union entered in this small claims action. The circuit court concluded Kennedy’s motion was untimely under WIS. STAT. § 799.29(1)(c), which generally establishes a twelve-month period within which motions to reopen default small claims judgments must be filed. Kennedy argues her motion was timely filed after the expiration of that period because § 799.29(1)(c) does not apply to void judgments, which may be vacated at any time under WIS. STAT. § 806.07(1)(d). Kennedy argues the judgment was void due to insufficient service of process. We reject Kennedy’s argument that the judgment was void. In doing so, we assume without deciding that motions to vacate void judgments entered in small claims actions are not governed by the timeliness provision in WIS. STAT. § 799.29(1)(c). However, we conclude Ripco sufficiently served process on Kennedy by publication of a notice under WIS. STAT. § 799.12(6). As a result, the circuit court obtained personal jurisdiction over Kennedy, and we affirm the decision denying the motion to vacate the default judgment.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.