You have exactly 20 days to respond to a debt lawsuit in Wisconsin. If you miss this window, you lose by default.
That is the hard truth. But here is the good news: Filing an Answer is not rocket science. It is a procedural step you can handle yourself. You do not need a law degree to protect your wages. You just need to follow the rules.
This guide breaks down the process into plain English. No jargon. No confusion.
Create your court-approved Wisconsin Answer in 15 minutes with DebtAegis.
1. The Wisconsin Deadline: 20 Days
The clock starts ticking the moment you are served with the Summons and Complaint. Wisconsin law (Rule 802.06) is strict.
- The Rule: You must file your written Answer within 20 days.
- The Consequence: If you wait until day 21, the plaintiff (the debt collector) can ask the court for a Default Judgment.
A default judgment gives them the power to garnish your wages, freeze your bank account, or place a lien on your property. Do not let them win simply because you didn’t paperwork on time.
2. The “Answer” Document
You cannot just call the court. You cannot just email the collector. You must file a specific legal document called an Answer.
In this document, you respond to the claims against you. You tell your side of the story.
Your Options for Drafting
- Use DebtAegis: We guide you through simple questions and generate a professional, legally formatted Answer PDF ready for filing. It’s fast and removes the guesswork.
- DIY (Small Claims): If your debt is under $10,000, you can use Wisconsin form SC-5200V.
- DIY (Circuit Court): For larger cases, you must draft your own document from scratch following strict formatting rules.
3. Does it Cost Money to File?
Here is a relief: Wisconsin courts generally do not charge a fee to file an Answer.
While filing a counter-suit often costs money ($125+), simply defending yourself is free. Your only cost is the postage to mail your documents.
4. How to Respond (3 Simple Steps)
Step 1: Admit, Deny, or “Don’t Know”
Read the Complaint (the document listing the specific claims). It will have numbered paragraphs. Your Answer must respond to each one.
- Admit: “Yes, this is true.” (Use this for basic facts like your name).
- Deny: “I dispute this.” (Use this if you disagree with the amount or the debt itself).
- Lack Knowledge: “I don’t know.” (Use this if you aren’t 100% sure about a detail, like the collector’s corporate status).
Strategy Note: The burden of proof is on the collector. If you Deny a claim, they must prove it with evidence. If you Admit it, they don’t have to prove anything.
Step 2: Assert Your Affirmative Defenses
This is where you fight back. An “affirmative defense” is a legal reason why you don’t owe the money, even if the facts are true. Common defenses include:
- Statute of Limitations: The debt is too old to be sued for.
- Identity Theft: The debt belongs to someone else.
- Payment: You already paid this debt.
- Lack of Standing: The collector cannot prove they legally own the debt.
Step 3: File and Serve
Once your document is signed, you must distribute it. You need two copies:
- Court Copy: Mail the original to the Clerk of Courts at the address listed on your Summons.
- Plaintiff Copy: Mail a copy to the attorney listed on the Complaint.
Always use USPS Certified Mail. This gives you a tracking number and proof of delivery. If the court loses your paperwork, that green receipt is your safety net.
5. Wisconsin Statute of Limitations
If a debt is “time-barred,” the collector cannot legally win a judgment against you. In Wisconsin (Wis. Stat. § 893.43), the timelines are:
- Credit Cards: 6 years
- Medical Bills: 6 years
- Personal Loans: 6 years
- Auto Loans: 6 years
- Promissory Notes: 10 years
Note: The clock usually starts from the date of your last payment.
Ready to Clear Your Name?
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