Disclaimer: While this blog post provides general information, it's essential to consult with legal counsel or refer to specific court rules for your jurisdiction.

Receiving a small claims summons can be stressful, but understanding your options is crucial. One of the first steps is to file an Answer. This document outlines your response to the claims made against you. Here's a basic guide on how to fill out an Answer in Wisconsin small claims court.

What is an Answer?

An Answer is a legal document filed in response to a Summons and Complaint. It outlines your position on the claims made against you. You can:

• Deny the claims entirely.
• Admit the claims.
• Deny certain parts of the claims and admit others.
• Raise defenses to the claims.

Steps to Fill Out an Answer

1. Obtain the Correct Form:

   • Check the Wisconsin Court System website or visit your local courthouse to obtain the appropriate Answer form. It's typically called "Answer and Counterclaim" (SC-5200V).

2. Read the Instructions Carefully:

   • The form usually includes detailed instructions. Read them thoroughly before starting to fill it out.

3. Provide Basic Information:

   • Fill in your name, address, and case number.
   • Clearly state the plaintiff's name and address.

4. Respond to Each Claim:

   • The Complaint will list specific claims against you. For each claim, you must:
     • Admit the claim if it's true.
     • Deny the claim if it's false.
     • Deny specific parts of the claim if applicable.
     • Explain your reasons for denying or admitting the claim.

5. Raise Defenses (If Applicable):

   • If you have legal reasons to dispute the claim, such as statute of limitations or payment, you can raise these defenses in your Answer.

6. Counterclaim (Optional):

   • If you believe the plaintiff owes you money, you can file a counterclaim. This is done on the same form.

7. Review and Sign:

   • Carefully review the entire form to ensure accuracy.
   • Sign and date the Answer under penalty of perjury.

Filing and Serving the Answer

• File with the Court: Submit the original Answer and required fee to the clerk of court in the county where the lawsuit was filed.
• Serve the Plaintiff: You must provide a copy of the Answer to the plaintiff. Methods include certified mail, personal service, or other court-approved methods.

Additional Tips

• Be Clear and Concise: Avoid making your Answer overly complex.
• Keep a Copy: Retain a copy of the Answer for your records.
• Seek Legal Advice: If you're unsure about how to fill out the Answer or have complex legal issues, consider consulting with an attorney.

Remember: Failing to file an Answer can result in a default judgment against you. It's crucial to respond to the lawsuit within the specified timeframe.

By following these steps and carefully completing your Answer, you can effectively respond to the small claims lawsuit against you.

Do you have any specific questions about filling out an Answer or about your case?

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