Receiving a summons and complaint for debt collection can be incredibly stressful, but the absolute worst thing you can do is ignore it. In Wisconsin, just like everywhere else, ignoring a lawsuit gives the debt collector an easy win, a default judgment, which allows them to pursue things like wage garnishment or placing a lien on your property.

The good news is that you have rights and defenses! Here is a crucial step-by-step guide on what you need to do immediately if you are sued for a debt in Wisconsin.

Step 1: Do Not Ignore the Lawsuit! (And Understand the Deadline)

This is the most critical first step. You must respond to the court documents.

• Read Everything Carefully: Review the Summons and Complaint to understand who is suing you (the plaintiff), the exact amount they claim you owe, and the date you were served.

• Mark Your Deadline: In Wisconsin, you generally have 20 days from the day you were served with the summons and complaint to file a formal written response (an "Answer") with the court. In certain Small Claims cases, you might be required to simply appear on the date listed on the summons. Check your specific paperwork and county court rules! If you miss the deadline, you are at serious risk of a default judgment.

Step 2: Determine Your Court

Where your case is filed impacts the response forms you use:

• Small Claims Court: If the amount claimed is $10,000 or less, the case is likely in Small Claims Court. The Wisconsin Court System provides a specific form for answering a Small Claims debt collection complaint (Form SC-5200V) which can simplify the process.

• Circuit Court: If the amount claimed is higher, the case is likely in Circuit Court, and you may need to draft a more formal, legally-formatted Answer document.

Step 3: Draft and File Your Answer

Your "Answer" is your formal, written response to the court. It must do two main things:

1. Respond to Each Allegation: Go through the Complaint line-by-line. For each numbered allegation, you must formally state whether you Admit (agree), Deny (disagree/make them prove it), or Deny due to lack of knowledge (you don't know if it's true). It is common to Deny most claims, forcing the plaintiff to provide proper evidence.

2. Assert Affirmative Defenses: These are legal arguments that can defeat the plaintiff's claim, even if the basic facts of the debt are true. Common defenses in Wisconsin debt collection cases include:

   • Statute of Limitations: In Wisconsin, the statute of limitations for most consumer debts (like credit cards and medical bills) is typically six years from the date of the last payment or activity. If the debt is older, you must raise this defense.

   • Lack of Standing/Proof of Ownership: If a debt buyer is suing, they must prove they legally own the debt and have the right to collect it (the "chain of title").

   • Already Paid or Identity Theft: If the debt is not yours or you have proof of payment.

   • Violations of Consumer Laws: The collector may have violated the Fair Debt Collection Practices Act (FDCPA) or the Wisconsin Consumer Act (WCA). If they did, you might even have a counterclaim against them.

Step 4: File and Serve

Once your Answer is complete:

• File with the Court: File the original Answer document with the Clerk of Court in the county where you were sued. You may have to pay a small filing fee.

• Serve the Plaintiff: You must send a copy of your filed Answer to the plaintiff (the debt collector or their attorney). It is highly recommended to send it via Certified Mail with a Return Receipt Requested, which provides legal proof of service.

Step 5: Explore Your Options

Filing the Answer buys you time and prevents a default judgment. Now you can explore your next move:

• Negotiate a Settlement: If you believe you owe the debt, you or your attorney can attempt to negotiate a settlement for a reduced lump-sum payment or a manageable payment plan. Always get the final agreement in writing!

• Challenge Their Proof (Discovery): If you deny the debt or their right to sue, you can engage in the discovery process, asking them to provide all documentation proving the debt is yours and they legally own it.

• Consider Legal Assistance: This is the most crucial piece of advice. A consumer law attorney can review your case, identify strong defenses (especially WCA or FDCPA violations), and guide you through the complex court procedures. Many offer free initial consultations.

Your Rights as a Wisconsin Consumer

Wisconsin has strong consumer protection laws, particularly the Wisconsin Consumer Act (WCA), which provides additional protections beyond the federal FDCPA. Debt collectors are strictly prohibited from engaging in abusive, deceptive, or unfair practices. If a collector violates your rights, they may be liable for damages.

The takeaway is simple: Don't panic, but don't delay! Get legal help and file your Answer before the 20-day clock runs out.

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