Cal. Civ. Code § 799.42
Service and filing in eviction actions.
Operative Text
799.42 Service and filing in eviction actions. The complaint shall be served with the summons when service is had under s. 799.12 (1), (2), or (3).
Wisconsin Statute § 799.42 establishes a procedural requirement for eviction (small claims) actions: when a summons is served on a defendant using the personal, substituted, or posted service methods described in Wis. Stat. § 799.12(1), (2), or (3), the complaint must be served at the same time. The rule ensures that a tenant receives both the formal notice of the court proceeding and the specific allegations against them simultaneously, rather than in separate deliveries. This is a timing and bundling rule that governs how eviction paperwork must be delivered at the outset of a case.
Plain English — not legal advice.
Landlords and property managers initiating eviction proceedings in Wisconsin must ensure that under § 799.42, the complaint is packaged and delivered together with the summons whenever service is accomplished by personal, substituted, or posted methods under § 799.12(1), (2), or (3). Compliant operators typically work with a process server or the sheriff's office to confirm that both documents are presented as a single service event. Failing to serve the complaint alongside the summons in the manner required by § 799.42 can create procedural defects that affect the validity of the eviction action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Wis. Stat. § 799.42, tenants facing eviction are entitled to receive the complaint at the same time as the summons when service is made by personal, substituted, or posted methods. If a tenant believes they received only the summons without the complaint, or that service did not comply with § 799.42, that procedural issue may be raised as a defense in the eviction proceeding. Tenants who have questions about whether service was properly completed can consult a tenant-rights organization or legal aid office familiar with Wisconsin small claims eviction procedures.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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