Small Claims - Serving the Summons

The defendant must be served with the Summons and Complaint at least 21-30 days before the return (court) date. 
One exception is an eviction, in which case they must be *personally served at least 5 days before the return (court) date.

As a Party to the Action, You (The Plantiff)
May Not Serve the Complaint On the Defendant!

Service may be made by the following methods

REGULAR MAIL:  Service may be made by regular mail if the defendant lives in Rock County and the claim is for money only.  The summons MUST be mailed by the Clerk of Court's Office.  This is done by providing the Clerk of Court with the original (white) form and one copy for each defendant being served by mail, along with a $2.00 per person mail fee. Service is considered complete when it is mailed, unless the envelope containing the summons and complaint is returned unopened to the Clerk of Court’s Office.  If this happens, the court will notify the plaintiff/attorney with a new court date so service can be attempted again.  The Clerk of Court will mail a letter of notification of the new court date to the plaintiff one week prior to the return (court) date.

*PERSONAL SERVICE: Evictions, replevins, and out of County claims MUST be done with personal service instead of through the mail.  This means you will have to hire the Rock County Sheriff (or the County Sheriff where the defendant lives) or a Personal Process Server/Investigator to hand-deliver these papers to the defendant.  Your server will then fill out an “Affidavit of Service” stating the date, time, and person with whom the papers were left and how much they charged you for this service. The “Affidavit of Service” must be filed with the court on or before the court date.


Rock County, State of Wisconsin
All Rights Reserved