Receiving a small claims lawsuit can feel daunting, but it's important to remember that Wisconsin's small claims court system is designed to be accessible to individuals without a lawyer. By understanding your options and acting promptly, you can effectively respond to the complaint and protect your rights.

Here's a guide on how to respond to a small claims lawsuit in Wisconsin:

1. Don't Panic – But Act Quickly!

The most crucial first step is to read the Summons and Complaint thoroughly. This document will tell you:

• Who is suing you (the Plaintiff): Their name and contact information (or their attorney's).

• Why they are suing you (the Complaint): A brief explanation of the claim against you.

• What they are asking for: The amount of money or specific action they want the court to order.

• Your deadline to respond: This is critical. In Wisconsin, you generally have 20 days after being served to respond, though some rare exceptions can extend it to 45 days. Missing this deadline can result in a default judgment against you, meaning you automatically lose the case.

• What you need to do: The Summons will indicate whether you need to file a written answer or if you are required to appear at an initial court hearing (often called a "return date" or "joinder"). This can vary by county.

2. Understand Your Options

Once you've reviewed the Summons and Complaint, you essentially have a few key options:

• Do Not Contest the Case: If you agree with the plaintiff's claim and the amount owed, you can choose not to contest it. A judgment will likely be entered against you. You might still be able to negotiate a payment plan with the plaintiff even after a judgment is entered.

• Contest the Case: If you disagree with the plaintiff's claims, believe you don't owe the money, or have a counterclaim, you will need to actively contest the case. This is generally done by filing a written answer or appearing at the initial hearing, depending on your county's procedures.

• Try to Settle: Even after a lawsuit is filed, you can attempt to settle the matter directly with the plaintiff. This can save you time, stress, and potential court costs. If you reach an agreement, make sure it's put in writing and signed by both parties.

3. Responding to the Complaint (If Required/Advised)

Many Wisconsin counties, especially for debt collection cases, allow or require you to file a written "Answer" to the Summons and Complaint. Even if not required, filing a written answer is often a good idea as it allows you to clearly state your position and defenses.

• Get the Right Form: The Wisconsin Court System website (wicourts.gov) or your local Clerk of Courts office will have the appropriate forms, such as the "Small Claims Answer and Counterclaim" (SC-5200V).

• Address Each Allegation: In your Answer, you'll need to respond to each numbered claim or allegation made in the plaintiff's Complaint. You can generally respond in one of three ways:

  • Admit: You agree with the statement.

  • Deny: You disagree with the statement and challenge the plaintiff to prove it.

  • Deny due to lack of knowledge: You don't have enough information to admit or deny the statement.

  • Tip: It's generally advisable to deny any allegations you genuinely dispute or don't have personal knowledge of.

• Assert Affirmative Defenses: These are reasons why, even if the plaintiff's claim is true, they shouldn't win the lawsuit. Common affirmative defenses in small claims might include:

  • Statute of Limitations: The legal time limit for the plaintiff to sue has expired (e.g., for debt, or for specific types of claims).

  • Payment: You've already paid the debt.

  • Breach of Contract (by Plaintiff): The plaintiff failed to uphold their end of an agreement.

  • Fault of Another Party: Someone else is responsible, not you.

  • Lack of Damages: The plaintiff hasn't suffered actual harm or losses.

• Consider a Counterclaim: If you believe the plaintiff owes you money related to the same dispute, you can file a counterclaim against them. This allows the court to resolve all related issues in one case. You'll typically use the same "Answer and Counterclaim" form.

• File and Serve:

  • File with the Court: Make at least two copies of your completed Answer (one for you, one for the plaintiff, and the original for the court). File the original with the Clerk of Courts in the county where the lawsuit was filed. There may be a small filing fee.

  • Serve the Plaintiff: You must send a copy of your filed Answer to the plaintiff (or their attorney, if they have one). This is often done by mail. Make a note on the court's copy that you've done this.

4. Prepare for Court

Whether you're filing an Answer or simply preparing for an initial hearing, thorough preparation is key:

• Gather Evidence: Collect all documents, photos, emails, texts, contracts, receipts, invoices, or any other evidence that supports your side of the story. Organize it clearly.

• Identify Witnesses: If there are people who witnessed key events, consider asking them to testify. If they are unwilling, you may need to subpoena them.

• Outline Your Case: Write down a clear, concise summary of what happened from your perspective and why you believe you are not liable (or why the plaintiff owes you money).

• Practice: If you'll be speaking in court, practice what you want to say. Keep it factual and avoid emotional outbursts.

• Consider Mediation: Many small claims courts offer mediation as a way to settle disputes outside of a formal trial. This can be a good opportunity to reach a mutually agreeable solution.

5. What Happens Next?

• Initial Hearing/Return Date: If your county requires an appearance at a "return date," this is often a first chance to try and settle the case. If no settlement is reached, the case will be set for a formal trial before a Small Claims Commissioner or Judge.

• Trial: At trial, both sides present their evidence and arguments. The judge or commissioner will make a decision based on the evidence presented.

• Judgment: If a judgment is entered against you, it's a legal order that you owe the plaintiff money. The court does not automatically collect the money for the plaintiff; it is their responsibility to pursue collection.

6. When to Consider a Lawyer

While small claims court is designed for self-representation, there are times when hiring an attorney can be beneficial:

• Complex Cases: If the facts are complicated, or there's a significant amount of money involved.

• Legal Defenses: If you believe you have strong legal defenses that require expertise to argue.

• Plaintiff Has an Attorney: If the plaintiff has legal representation, you might feel more comfortable having an attorney on your side.

• Difficulty Understanding Process: If you are simply overwhelmed or confused by the legal process.

Responding to a small claims lawsuit in Wisconsin requires attention to detail and timely action. By understanding the process, preparing your defense, and considering all your options, you can navigate the system effectively.

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