Being served with a summons and complaint can feel overwhelming, but it's important to understand this: 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.

Knowing how to answer a lawsuit correctly can protect your rights and significantly impact the outcome of 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.

---

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 – Outlines the allegations against you and what the plaintiff is asking for

Together, these documents start the legal process and trigger your obligation to respond.

---

Step 1: Do Not Ignore the Lawsuit

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

If you do nothing:

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

Even if you believe the lawsuit is wrong, you must respond.

---

Step 2: Check Your Deadline

Your deadline to respond depends on the type of case:

• Small claims cases: You may need to appear at a scheduled hearing rather than file a written answer
• Civil cases (non-small claims): You typically have 20 days from the date of service to file an answer

The summons will tell you exactly what is required. Always verify the deadline and calendar it immediately.

---

Step 3: Read the Complaint Carefully

The complaint is divided into numbered paragraphs. Each paragraph contains an allegation.

You should:

• Read each allegation carefully
• Identify what is true, false, or unknown
• Note any errors or inconsistencies

Understanding the claims is essential before drafting your response.

---

Step 4: Prepare Your Answer

An answer is your written response to the complaint. In your answer, you will respond to each numbered paragraph by:

• Admitting what is true
• Denying what is not true
• Stating that you lack sufficient knowledge to admit or deny

Example Format:

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

---

Step 5: Raise Any Defenses

After responding to the allegations, you can include affirmative defenses. These are legal reasons why the plaintiff should not win, even if some facts are true.

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 raising them preserves your rights.

---

Step 6: Include a Signature and Contact Information

Your answer should include:

• Your name and address
• Your phone number (optional but helpful)
• Your signature
• The date

This confirms that you are formally responding to the lawsuit.

---

Step 7: File the Answer With the Court

You must file your answer with the Clerk of Court in the county listed on the summons.

This can typically be done:

• In person
• By mail
• In some cases, electronically

Make sure your answer is filed before the deadline.

---

Step 8: Send a Copy to the Plaintiff

After filing your answer, you must send a copy to the plaintiff or their attorney.

This is called service of your answer. You can usually do this by:

• Mailing a copy to the address listed on the complaint

Keep proof that you sent it.

---

Step 9: Prepare for What Comes Next

After your answer is filed, the case will move forward. This may include:

• A court hearing
• A scheduling conference
• Mediation
• Settlement discussions
• Trial

Filing an answer does not end the case—but it ensures you can participate and defend yourself.

---

Common Mistakes to Avoid

• Missing the deadline
• Ignoring the lawsuit
• Admitting allegations without understanding them
• Failing to raise defenses
• Not sending a copy to the other side
• Filing incomplete or unsigned documents

Even simple mistakes can have serious consequences.

---

When to Consider Getting 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
• You are facing wage garnishment or asset seizure
• The opposing party has legal representation

Even a short consultation can help you avoid costly errors.

---

Final Thoughts

Answering a summons and complaint in Wisconsin is a critical step in protecting your rights. While the process may seem intimidating, it is manageable with careful attention to detail and deadlines.

The most important thing is to take action. Responding properly gives you the opportunity to present your side, raise defenses, and work toward a fair outcome.

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