Being served with a lawsuit can be stressful. But don't panic! In Wisconsin, you have the right to defend yourself in court, even without a lawyer (acting "pro se"). If you disagree with the claims in the lawsuit, filing an answer is crucial. Here's a breakdown of the process:
Step 1: Understand the Lawsuit
- Review the Complaint: Carefully read the document you received (called the "complaint"). It details the plaintiff's (who's suing you) claims and what they're seeking (damages, etc.).
- Identify Deadlines: The summons (attached to the complaint) specifies the deadline to file your answer. Missing this deadline could result in a default judgment against you.
Step 2: Gather Information
- Organize Your Defense: Outline your reasons for disagreeing with the complaint. Gather evidence like documents, witness statements, or anything that supports your position.
Step 3: Prepare Your Answer
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Wisconsin Court System Resources: The Wisconsin Court System website offers a helpful guide and form (SC-6040V) for filing some answers https://www.wicourts.gov/formdisplay/SC-6040V_instructions.pdf?formNumber=SC-6040V&formType=Instructions&formatId=2&language=en.
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Fill Out the Form: Carefully complete the form, following the instructions. Briefly state why you disagree with each allegation in the complaint. You can also include a counterclaim if you have a claim against the plaintiff.
Step 4: File and Serve Your Answer
- Submission: Take three copies of your completed answer to the clerk of court in the county where the lawsuit was filed. There might be a filing fee involved
Important Considerations:
- Time is of the Essence: Don't delay! Act promptly to meet the deadline for filing your answer.
- Complexity Matters: While this guide provides an overview, some lawsuits are intricate. Consider consulting with an attorney, especially for complex cases.
Remember: This blog post is for informational purposes only and shouldn't be considered legal advice. For specific guidance on your situation, consulting with a qualified attorney is highly recommended.
Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.