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Wisconsin Answer to a Complaint

Wisconsin gives you 20 days to answer a complaint under Wis. Stat. 802.06(1), or 45 days in tort, insurer, or state cases. Miss it and you risk default.

Introduction

A Wisconsin Answer to a Complaint is the written response you serve and file with the clerk of the Circuit Court after you are served with a summons and complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. Wisconsin uses a 20-day deadline that can stretch. Under Wis. Stat. 802.06(1), a defendant must serve an answer within 20 calendar days after the service of the complaint, but that period is increased to 45 days if a defendant is an insurance company, if any cause of action is founded in tort, or if the moving party is the state or a state officer, agent, employee, or agency. Wisconsin has no mandatory general civil answer form, so your answer is a typed pleading on a compliant caption that meets Wis. Stat. 802.04, filed with the clerk of the Circuit Court named in the summons and served on the plaintiff. Miss the deadline and the plaintiff can seek a default judgment under Wis. Stat. 806.02. DocDraft drafts a Wisconsin-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your deadline is 20 days, or 45 in certain cases. Under Wis. Stat. 802.06(1) you must serve your answer within 20 calendar days after you are served with the complaint, but the period increases to 45 days if a defendant is an insurance company, if any cause of action is founded in tort, or if the moving party is the state or a state officer, agent, employee, or agency.

  2. 2

    There is no statewide general civil answer form. Wisconsin does not provide a mandatory general civil answer form, so your answer is a typed pleading on a compliant caption that meets Wis. Stat. 802.04. The voluntary form SC-5200V exists for small claims only.

  3. 3

    Small claims has no counted answer deadline. In a small claims case you do not file a written answer by a paper deadline. Under Wis. Stat. 799.20(1) you answer, move to dismiss, or otherwise respond on the return date stated in the summons, which under Wis. Stat. 799.05(3)(b) is 8 to 30 days from the issue date.

  4. 4

    An eviction window can be very short. In an eviction action the return date under Wis. Stat. 799.05(3)(b) is 5 to 25 days from the issue date, so the obligation to appear can arrive in as few as 5 days. You answer or appear on that return date under Wis. Stat. 799.20(1) rather than by a counted written deadline.

  5. 5

    There is no fee to file an answer, and a waiver exists. The answer filing fee is $0, though a $35 e-filing fee per party applies if you e-file. If you cannot afford fees you can file form CV-410A, the Petition for Waiver of Fees and Costs, based on indigency under Wis. Stat. 814.29.

  6. 6

    You must serve the plaintiff and file proof. After preparing your answer you serve a copy on the plaintiff or the plaintiff's attorney by mail, delivery, or electronic service and file proof of service under Wis. Stat. 801.14, with the clerk of the Circuit Court named in the summons.

  7. 7

    Know the Wisconsin defenses and deadlines. Common affirmative defenses include statute of limitations, payment, accord and satisfaction, release, fraud, and res judicata. The statute of limitations on a written contract is six years under Wis. Stat. 893.43, a frequent defense in debt cases.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

STATE OF WISCONSIN, CIRCUIT COURT, [COUNTY] COUNTY

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

ANSWER TO COMPLAINT

Defendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] and respectfully states as follows.

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / lacks sufficient knowledge or information to admit or deny and on that basis denies] the allegations.
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / lacks sufficient knowledge or information to admit or deny] the allegations. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the six-year statute of limitations on a written contract under Wis. Stat. 893.43; payment; accord and satisfaction; release; fraud; res judicata; statute of frauds.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under Wis. Stat. 802.07(1) counterclaims are generally permissive in Wisconsin and may be raised together with this answer.]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant requests that the Court dismiss the Complaint, that Plaintiff take nothing, that Defendant recover costs, and that the Court grant all other relief to which Defendant is justly entitled.

Dated: [DATE] [SIGNATURE] [DEFENDANT NAME], Defendant, Pro Se [ADDRESS / PHONE / EMAIL]

PROOF OF SERVICE I certify that on [DATE] a true copy of this Answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] at [ADDRESS] by [mail / delivery / electronic service] under Wis. Stat. 801.14. [SIGNATURE]

Wisconsin Requirements for Answer to a Complaint

20-Day Answer Deadline

In a general civil case you must serve your answer within 20 calendar days after the service of the complaint under Wis. Stat. 802.06(1). That period is increased to 45 days if a defendant is an insurance company, if any cause of action is founded in tort, or if the moving party is the state or a state officer, agent, employee, or agency.

No Statewide Form, Pleading on a Compliant Caption

Wisconsin has no mandatory general civil answer form, so your answer is a typed pleading that meets the caption requirements of Wis. Stat. 802.04. The voluntary SC-5200V form is for small claims only. Admit or deny each allegation, state your defenses, and include any counterclaim.

Circuit Court Caption

Caption the answer for the Circuit Court named in the summons, in the county where the suit was filed. Include the case number, the parties' names, and the title Answer to Complaint. Small claims money judgments up to $10,000 are heard in Small Claims Court within the Circuit Court.

File With the Circuit Court Clerk

File your answer with the clerk of the Circuit Court named in the summons. E-filing is mandatory for attorneys and optional for self-represented litigants under Wis. Stat. 801.18, who may also file in person or by mail.

Serve a Copy on the Plaintiff

Under Wis. Stat. 801.14, serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail, delivery, or electronic service, and file proof of service with the clerk of the Circuit Court.

No Answer Fee, Waiver Available

The fee to file an answer in Wisconsin is $0, though a $35 e-filing fee per party applies if you e-file. If you cannot afford fees, file form CV-410A, the Petition for Waiver of Fees and Costs, based on indigency under Wis. Stat. 814.29.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, payment, accord and satisfaction, release, fraud, res judicata, estoppel, or statute of frauds. The statute of limitations on a written contract is six years under Wis. Stat. 893.43.

Permissive Counterclaim If Any

Under Wis. Stat. 802.07(1), counterclaims are generally permissive in Wisconsin, so you may assert a claim you have against the plaintiff together with your answer. A narrow common-law compulsory rule can apply where a later suit would nullify the initial judgment.

Frequently Asked Questions

In a general civil case, Wis. Stat. 802.06(1) requires you to serve your answer within 20 calendar days after you are served with the complaint. That period increases to 45 days if a defendant is an insurance company, if any cause of action is founded in tort, or if the moving party is the state or a state officer, agent, employee, or agency. Small claims and eviction cases differ: under Wis. Stat. 799.20(1) you respond on the return date stated in the summons, which is 8 to 30 days from issue for small claims and a shorter 5 to 25 days for evictions under Wis. Stat. 799.05(3)(b). Missing your deadline can lead to a default judgment.

Wisconsin does not provide a mandatory general civil answer form, so your answer is a typed pleading on a compliant caption that meets Wis. Stat. 802.04. The voluntary form SC-5200V is available for small claims only. Your pleading should carry the case caption, admit or deny the complaint's allegations, state your affirmative defenses, and include any counterclaim.

File your answer with the clerk of the Circuit Court named in the summons. Wisconsin's general civil cases are heard in the Circuit Court, while small claims money judgments up to $10,000 are heard in Small Claims Court within the Circuit Court. E-filing is mandatory for attorneys and optional for self-represented litigants under Wis. Stat. 801.18, who may also file in person or by mail.

The fee to file an answer in Wisconsin is $0, though a $35 e-filing fee per party applies if you e-file. If you cannot afford the fees, you can request a waiver by filing form CV-410A, the Petition for Waiver of Fees and Costs, under Wis. Stat. 814.29. Eligibility is based on indigency, such as receiving public assistance or having income below the threshold.

Under Wis. Stat. 806.02(1), a default judgment may be rendered if no issue of law or fact has been joined and the time for joining issue has expired. You may be able to set the judgment aside by filing a Motion for Relief from Judgment or Order within a reasonable time and not more than 1 year after the judgment under Wis. Stat. 806.07(2), by showing mistake, inadvertence, surprise, or excusable neglect under Wis. Stat. 806.07(1)(a).

Yes. Under Wis. Stat. 802.07(1), counterclaims are generally permissive in Wisconsin, so you may assert a claim you have against the plaintiff together with your answer. A narrow common-law compulsory rule can apply where a later suit would nullify the initial judgment. If you have a related claim, raising it with your answer keeps it before the same court.