Being served with a small claims court summons in Wisconsin can be daunting, but understanding the process can empower you to respond effectively. This post focuses on how to file an "Answer," which is your formal response to the plaintiff's claims. This information is for general guidance only and does not constitute legal advice. Consulting with an attorney is always recommended for your specific situation.
What is Small Claims Court?
Small claims court is a simplified legal venue designed to handle disputes involving relatively small amounts of money (currently, generally up to $10,000 in Wisconsin). It's meant to be more accessible than regular civil court, often with less formal procedures.
You've Been Served - Now What?
The summons you received will outline the plaintiff's claim against you and the amount they're seeking. Crucially, it will also state a deadline for you to file an Answer. Missing this deadline can result in a default judgment against you, meaning the court may rule in favor of the plaintiff without hearing your side of the story. So, acting quickly is essential.
Understanding the Answer
The Answer is your opportunity to respond to each claim the plaintiff has made. You can admit, deny, or state that you don't have enough information to admit or deny (which is treated as a denial) each allegation. You can also raise any counterclaims you have against the plaintiff.
How to File Your Answer in Wisconsin:
-
Obtain the Correct Form: While there isn't one universal "Answer" form for all Wisconsin small claims cases, you'll likely need to use a form provided by your county's circuit court. Check the court's website or visit the clerk of court's office in the county where the claim was filed. Some courts may have specific forms for small claims cases. Look for forms related to "Answer," "Small Claims," or "Civil Action."
-
Carefully Review the Complaint: Before filling out the Answer, meticulously read the plaintiff's complaint. Understand each allegation and the evidence they are presenting. This will help you formulate your responses.
-
Complete the Answer Form: Fill out the form clearly and accurately. For each claim made by the plaintiff, respond with one of the following:
- Admit: You agree with the claim.
- Deny: You disagree with the claim. Be prepared to explain why you disagree and provide supporting evidence if possible.
- Lack of Knowledge: You don't have enough information to admit or deny the claim. This is treated as a denial.
-
State Your Defenses: In your Answer, you can also state any legal defenses you have. For example, if you believe the debt is not yours, or if you have already paid the amount owed, you should state this clearly.
-
Counterclaims (Optional): If you believe the plaintiff owes you money, you can file a counterclaim. This is a claim you are making against the plaintiff within the same case. You'll generally need to include information similar to what the plaintiff included in their initial complaint.
-
Filing the Answer: Once you've completed the Answer, you must file it with the clerk of court in the county where the lawsuit was filed. There will likely be a filing fee. Make sure to keep a copy of the filed Answer for your records.
-
Service on the Plaintiff: You must also serve a copy of your filed Answer on the plaintiff. The court clerk can provide information on acceptable methods of service. This is crucial to ensure the plaintiff is aware of your response.
Key Considerations:
- Deadlines: Pay close attention to the deadline for filing your Answer. It is usually stated on the summons.
- Accuracy: Ensure all information in your Answer is accurate and truthful.
- Evidence: Gather any supporting evidence that strengthens your defense or counterclaim. This might include contracts, receipts, or correspondence.
- Legal Advice: This blog post is for informational purposes only. It is strongly recommended that you consult with an attorney to discuss your specific situation and receive legal advice. They can help you understand your rights and obligations and ensure you file your Answer correctly.
Filing an Answer in small claims court can be manageable if you follow these steps. Remember, prompt action and accurate information are key to protecting your interests. Good luck!
Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.
