Mukwonago, WI asked in Civil Litigation and Small Claims for Wisconsin

Q: How do I determine which county to file a small claims judgement/garnishment in?

The defendant lives and works in Milwaukee County, but the claim event occurred in Waukesha County.

I know that the sheriff's department can't cross county lines to serve them, but is it possible to file the claim in Waukesha county, and then have a Milwaukee sheriff serve them? Or should the claim be filed in the county where the summons will be served?

1 Lawyer Answer

William F Sulton Esq.

Answered
  • Waukesha, WI
  • Licensed in Wisconsin

A: The lawsuit should be filed in the Circuit Court for Waukesha County; that is where the events happened. The rules on service of process are simple. You just need to have someone other than you serve the defendant(s) with authenticated copies of the summons and complaint. The Office of the Sheriff for Milwaukee can do that for you. So can a private process server or someone you know.

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