Being served with a summons and complaint can feel overwhelming, but it's important to remember: you still have the opportunity to respond and defend yourself. In Wisconsin, failing to respond properly can lead to a default judgment, which may result in wage garnishment, bank levies, or liens.

Understanding how to respond correctly—and on time—can make a major difference in your case.

This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. For guidance specific to your situation, consult a licensed Wisconsin attorney.

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What Is a Summons and Complaint?

A lawsuit in Wisconsin typically begins with two documents:

• Summons – Notifies you that you are being sued and explains your deadline to respond
• Complaint – Lists the allegations against you and what the plaintiff is asking the court to do

These documents officially start the legal process and require your attention.

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Step 1: Do Not Ignore the Lawsuit

Ignoring a summons is one of the biggest mistakes you can make.

If you do nothing:

• The plaintiff can request a default judgment
• You lose the opportunity to present defenses
• The court may rule against you automatically

Even if the claims are incorrect, you must respond.

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Step 2: Identify Your Deadline

Your deadline depends on the type of case:

• Civil cases (non-small claims): Typically 20 days from the date you were served to file a written answer
• Small claims cases: Often require you to appear at a scheduled return date rather than file a written answer immediately

The summons will clearly state what is required—read it carefully and mark your deadline.

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Step 3: Read the Complaint Carefully

The complaint will be broken into numbered paragraphs. Each paragraph contains a specific allegation.

As you review it:

• Identify what is true
• Identify what is false
• Note anything you do not recognize

This will guide how you respond.

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Step 4: Prepare Your Answer

An answer is your formal written response to the complaint.

For each numbered paragraph, you should:

• Admit statements that are true
• Deny statements that are not true
• State that you lack sufficient knowledge to admit or deny (if applicable)

Example:

1. Defendant admits paragraph 1.
2. Defendant denies paragraph 2.
3. Defendant lacks sufficient information to admit or deny paragraph 3 and therefore denies it.

Keep your responses clear and direct.

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Step 5: Raise Any Defenses

After responding to the allegations, you can include affirmative defenses—legal reasons why the plaintiff should not win.

Common defenses include:

• The debt is not yours
• The amount is incorrect
• The statute of limitations has expired
• The plaintiff lacks proof or standing
• You were not properly served

You do not have to prove these defenses immediately, but you should include them to preserve your rights.

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Step 6: Sign and Format Your Answer

Your answer should include:

• Your name and address
• The case caption (from the complaint)
• Your signature
• The date

Make sure the document is clear, organized, and complete.

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Step 7: File Your Answer With the Court

File your answer with the Clerk of Court in the county listed on the summons.

You can typically file:

• In person
• By mail
• Electronically (in some counties)

Make sure your answer is filed before the deadline.

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Step 8: Send a Copy to the Plaintiff

You must also send a copy of your answer to the plaintiff or their attorney.

This is called service of your answer and is usually done by mail. Keep proof that you sent it.

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Step 9: Prepare for the Next Stage

After your answer is filed, the case may proceed to:

• A scheduling conference
• Mediation
• Settlement discussions
• Trial

Filing your answer ensures you can participate and defend yourself moving forward.

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Common Mistakes to Avoid

• Missing your deadline
• Ignoring the lawsuit
• Admitting allegations without understanding them
• Failing to raise defenses
• Not sending a copy to the other side

These mistakes can seriously impact your case.

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When to Consider Legal Help

You may want to consult an attorney if:

• The amount in dispute is significant
• You are unsure how to respond
• You believe the lawsuit is improper
• The other side has legal representation
• You are facing garnishment or asset seizure

Even a brief consultation can provide valuable guidance.

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Final Thoughts

Responding to a summons and complaint in Wisconsin is a critical step in protecting your rights. While the process may seem intimidating, it is manageable if you act promptly and follow the proper steps.

The key is simple: don't ignore it, respond on time, and protect your position.

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