Volume 1 Issue 2 - June 15 - July 15 2005
While we are NOT attorneys we do think believe amongst the libraries of Federal, State,
County and Municipal Statutes, Laws, Rules and Ordinances that effect our industry there
are always a few that bounce into our legislator's playground or are quite remote that we
should know about.
Activity in the legislator's arena is usually motivated by good public policy or lobby action
by special interest groups. Lacking response to queries from either its sponsor or those who did introduce the following legislation, it appears that is it motivated by an interest group that
runs contrary to our interests. While the original introduction of 2003-04 Assembly Bill 568 may have been referred to committee and may have died there, an out of state source advised that there is still activity to attempt get sponsorship and passage of the legislation. Well, what is it? Sponsors, Representatives Gard, Krawczyk, Owens, LaMahieu, F. Lasee and VanRoy cosponsored by Senator Roessler introduced legislation to amend Wisconsin Statutes 801.10 (4) (a) and to create 801.10 (1m). Please note Analysis by Legislative Reference Bureau:
Current law permits a summons initiating a civil action to be served by any adult resident of the State where service is made, if that person is not a party to the action. This bill allows an adult who resides in Illinois, Iowa, Michigan or Minnesota and is not a party to the action to serve a summons in Wisconsin.
OUR QUESTION: Why does the same statute bar any legal document initiated in Wisconsin bar adult residents of Wisconsin, not a party to the action from serving summons in other states? Why do these legislators wish to offer Wisconsin business to other states while restricting Wisconsin private detectives and process servers from doing
like business. We are able to serve documents from other jurisdictions and even foreign
countries in other states, WHY NOT DOCUMENTS GENERATED IN OUR STATE
WHERE WISCONSIN COURTS NEED JURISDICTION???
FYI: Federal Law - relevant part: Title 18 U.S.C. P 1501 provides:
ASSAULT ON A PROCESS SERVER Whoever knowingly and willingly obstructs, resists or opposes any officer of the United States, or any other person duly authorized, in serving or attempting to serve or execute any legal or judicial writ or process of any court of the United States,,,except as otherwise provided by law, shall per fined not more than $ 300 or imprisoned not more than one year, or both.
Call the U.S. Marshall's office if you need assistance.
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