If personal service of a summons and complaint cannot be
accomplished, a plaintiff in Wisconsin is permitted to serve
process by publication. A plaintiff serving by publication must
also mail a copy of the summons and complaint to the
defendant's address when known or ascertainable. Wis. Stat.
§ 801.11.
In
O'Donnell v. Kaye, No. 13AP2651 (Ct. App. Dec. 3,
2014), the latest foray by Wisconsin's court of appeals
into the service-by-publication rule, the court held that pleadings
must be sent to the correct address when served by publication and
mail.
When William O'Donnell sued Roxanne Kaye, he correctly
listed her address in his complaint. After a process server was
unable to serve Kaye, O'Donnell published legal notice and
mailed a copy of the summons and complaint to Kaye. The mail was
incorrectly addressed, both as to house number (W138 instead of
W136) and as to street name (Avenue instead of Drive). Kaye did
obtain a copy of the complaint and answered it,
