Being sued for debt can be scary, especially when it lands in small claims court. But before you panic, there are ways to fight back. In Wisconsin, one of your first lines of defense is filing an answer.

This blog post will guide you through the steps of filing an answer to a small claims collection lawsuit in Wisconsin:

What is an Answer?

An answer is your official response to the lawsuit. It tells the court your position on the claims made by the collector (plaintiff). You'll need to address each allegation point-by-point.

Obtaining the Answer Form

Head to your county's circuit court website or visit the clerk's office in person. Look for the form titled "Answer and Counterclaim" (SC-5200V). Most courts offer the form online for download or have copies available at the courthouse.

Filling Out the Answer Form

The form itself provides step-by-step instructions, but here's a quick rundown:

• Fill in your information and the plaintiff's details.
• Clearly state the case number assigned to your lawsuit.
• Respond to each claim made by the collector. Be truthful and specific.
• If you disagree with any part of the claim, deny it clearly.
• If you have any defenses against the debt (e.g., statute of limitations has expired, payments were already made), explain them here.
• Consider including a counterclaim if the collector has acted improperly (you should consult an attorney for guidance on this).

Don't Forget These Key Steps

• Make Copies: Once you've completed the form, photocopy it at least twice. You'll need one for your records, one for the court, and one to serve on the plaintiff.
• Filing with the Court: Take the original and one copy to the clerk's office of the circuit court in the county where the lawsuit was filed. There might be a filing fee associated with this, so check with the court beforehand.
• Serving the Plaintiff: The final copy needs to be delivered (served) to the plaintiff. 

Remember:

• Time is of the Essence: You typically have 20 days from the date you received the lawsuit to file your answer. Missing this deadline could result in a default judgment against you, meaning the collector automatically wins. However, you should review the documents in the case as it will provide details you must follow on the timing. Some courts do not require a written answer, but instead require you to appear in court. 
• Consider Seeking Legal Help: While you can represent yourself in small claims court, the legal aspects can be complex. Consulting with a Wisconsin attorney specializing in debt collection defense can significantly increase your chances of success.

Fighting a debt collection lawsuit can be daunting, but by filing an answer, you take control of the situation. This blog post provides a foundational understanding, but remember, it's not a substitute for professional legal advice.

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.