How to Respond to a Lawsuit in Wisconsin: Answer a Summons (2026)
Reviewed by DocDraft Legal Team. Wisconsin. Last updated 2026-06-02
In Wisconsin, a defendant served with a civil summons and complaint has 20 calendar days to serve a written answer under Wis. Stat. § 802.06(1). The window depends on your track. That 20-day period is increased to 45 days if the 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 are return-date tracks, not counted-answer tracks. Under Wis. Stat. § 799.20(1) a small claims or eviction defendant answers, moves to dismiss, or otherwise responds on the return date stated in the summons rather than by a separate paper deadline. The general small claims return date is 8 to 30 days from the issue date, and the eviction return date is a shorter 5 to 25 days, as few as 5 days, under Wis. Stat. § 799.05(3)(b). A response to a divorce or dissolution petition is due within 20 days of service under Wis. Stat. § 767.215(3). If you miss your deadline, the plaintiff can seek a default judgment under Wis. Stat. § 806.02(1), which you can later move to reopen within a reasonable time and no more than one year under Wis. Stat. § 806.07.
How long do I have to respond to a lawsuit in Wisconsin?
It depends on the type of case. For a general civil complaint, Wis. Stat. § 802.06(1) gives you 20 calendar days after the complaint is served to serve a written answer, increased to 45 days if the defendant is an insurer, any claim is founded in tort, or the state is the moving party. Small claims and eviction have no counted answer window; you respond on the return date stated in the summons under § 799.20(1).
How do I respond to a civil summons in Wisconsin?
You respond by serving and filing a written answer with the clerk of the Circuit Court named in the summons, then serving a copy on the plaintiff or the plaintiff's attorney under Wis. Stat. § 801.14. Self-represented defendants may file in person, by mail, or by eFiling, while attorneys must eFile under § 801.18. The answer admits or denies each numbered allegation and states your defenses.
What happens if I don't answer a summons in Wisconsin?
If you do not respond by your deadline, or fail to appear on a small claims or eviction return date, the plaintiff can ask the court for a default judgment under Wis. Stat. § 806.02(1) granting what the complaint requests. You may later move to reopen the default under § 806.07 within a reasonable time and no more than one year by showing mistake, inadvertence, surprise, or excusable neglect.
How do I answer a summons without an attorney in Wisconsin?
Self-represented defendants can file an answer themselves. Wisconsin has no mandatory general civil answer form, so you type your answer on pleading paper that meets the caption rules in Wis. Stat. § 802.04, with the court, parties, and case number at the top. Small claims defendants may use the voluntary answer form SC-5200V. File with the circuit court clerk, serve the plaintiff, and pay any e-filing fee or request a fee waiver.
Wisconsin response framework at a glance
Wisconsin's response rules turn first on which track your case is in. A general civil complaint is governed by Wis. Stat. § 802.06(1), which directs the defendant to serve an answer within 20 days after the complaint is served. That period is increased to 45 days if the 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 work differently. They are return-date tracks, not counted-answer tracks. Under Wis. Stat. § 799.20(1) the defendant may answer, move to dismiss, or otherwise respond on the return date of the summons, so there is no separate paper deadline running before that date. The general small claims return date is set 8 to 30 days from the issue date, and the eviction return date is a shorter 5 to 25 days, which can arrive in as few as 5 days, under Wis. Stat. § 799.05(3)(b). A response to a dissolution petition is due within 20 days of service under Wis. Stat. § 767.215(3). Answers are filed with the clerk of the Circuit Court named in the summons, served on the plaintiff under § 801.14, and formatted on pleading paper meeting the caption rules in § 802.04. The Wisconsin Court System website at www.wicourts.gov is the official source for the small claims answer form, the fee-waiver petition, and the eFiling system defendants use.
Court Resources
Wisconsin Court System. Small Claims Answer and Counterclaim (SC-5200V)
The official voluntary answer form a small claims defendant can use to admit or deny the claim and assert a counterclaim before or on the return date stated in the summons, available as a fillable PDF from the Wisconsin court forms library.
Wisconsin Court System. Petition for Waiver of Fees and Costs (CV-410A)
The official petition and declaration of indigency a defendant can file instead of paying court fees, based on receiving public assistance or having income below the court's threshold under Wis. Stat. § 814.29.
Wisconsin Court System. Forms, self-help, and eFiling
The judicial-branch website where a defendant finds circuit court forms, self-help guidance on responding to a civil or small claims case, and the mandatory-for-attorneys eFiling system used to file an answer under Wis. Stat. § 801.18.
Relevant Laws
Wisconsin Statutes § 802.06(1) (20-Day Answer to a Civil Complaint)
Requires a defendant to serve an answer within 20 days after service of the complaint, and increases that period to 45 days when the defendant is an insurance company, any cause of action is founded in tort, or the moving party is the state or a state officer, agent, employee, or agency. This is the standard general civil answer deadline in Wisconsin.
Wisconsin Statutes § 799.20(1) (Responding on the Return Date)
Provides that on the return date of the summons, or any adjourned date, the small claims or eviction defendant may answer, move to dismiss, or otherwise respond to the complaint. There is no separate counted answer window before that date, so the return date is the obligation to watch.
Wisconsin Statutes § 799.05(3)(b) (Return Date Window for Small Claims and Eviction)
Sets the small claims return date at not less than 8 nor more than 30 days from the issue date, and the eviction return date at a shorter 5 to 25 days from the issue date. The eviction window is the short track and can arrive in as few as 5 days.
Wisconsin Statutes § 767.215(3) (Response to a Divorce Petition)
Provides that a party served under ch. 801 in a divorce action may serve a response or counterclaim within 20 days after the date of service, except that questions of jurisdiction may be raised at any time before judgment.
Wisconsin Statutes § 806.02(1) (Default Judgment)
Provides that a default judgment may be rendered if no issue of law or fact has been joined and the time for joining issue has expired, which is what allows a plaintiff to take judgment when the defendant does not answer or appear.
Wisconsin Statutes § 806.07 (Relief from a Default Judgment)
Allows a court to relieve a party from a judgment or order taken through mistake, inadvertence, surprise, or excusable neglect, on a motion made within a reasonable time and not more than one year after the judgment.
Wisconsin Statutes § 893.43 (Six-Year Limit on Contracts)
Sets a six-year statute of limitations for an action on a contract or obligation, which is the limitations period a defendant checks when responding to a debt collection lawsuit on a written agreement.
Regional Variances
Answer deadline by case track in Wisconsin
General civil complaint (Wis. Stat. § 802.06(1))
20 calendar days after the complaint is served to serve a written answer in the Circuit Court, increased to 45 days when the defendant is an insurer, any cause of action is founded in tort, or the state is the moving party. This is the default civil deadline and the one most defendants are working against.
Small claims (Wis. Stat. § 799.20(1), return date under § 799.05(3)(b))
No counted written-answer window before a paper deadline. The defendant answers, moves to dismiss, or otherwise responds on the return date stated in the summons, which is set 8 to 30 days from the issue date. Failing to appear on the return date allows a default judgment.
Unlawful detainer / eviction (Wis. Stat. § 799.05(3)(b))
No advance written answer is required. The tenant answers or appears on the return date stated in the summons, which in eviction actions is set a short 5 to 25 days from the issue date and can arrive in as few as 5 days. This is the fastest track, so eviction defendants must move immediately.
Divorce / dissolution response (Wis. Stat. § 767.215(3))
20 days after service of the petition to serve a response or counterclaim on the petitioning party. Missing it can let the dissolution proceed by default.
Wisconsin answer filing fees and the extended response window
No separate answer filing fee
Wisconsin charges no fee to file an answer to a complaint. If you eFile, an electronic filing fee of about $35 per party applies under the eFiling rule in Wis. Stat. § 801.18, but self-represented defendants may file in person or by mail instead.
Fee waiver by petition (form CV-410A)
A defendant who receives public assistance or has income below the court's threshold can file the Petition for Waiver of Fees and Costs, form CV-410A, to ask the court to waive court fees and costs under Wis. Stat. § 814.29.
Extended 45-day response window
Under Wis. Stat. § 802.06(1) the standard 20-day answer period becomes 45 days when the defendant is an insurance company, any cause of action is founded in tort, or the moving party is the state or a state officer, agent, employee, or agency.
Suggested Compliance Checklist
Calculate your response deadline from the date you were served
Day 0 (date of service) days after startingFind the deadline that matches your track. A general civil complaint is due in 20 calendar days under Wis. Stat. § 802.06(1), or 45 days if the defendant is an insurer, any claim is founded in tort, or the state is the moving party. A divorce response is due in 20 days under § 767.215(3). Small claims and eviction have no counted answer window; under § 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 eviction under § 799.05(3)(b). Mark the exact date on a calendar.
Identify your case track and the correct Circuit Court
Within 2 days of service days after startingRead the caption on the summons to confirm whether the case is small claims (money judgments up to $10,000, with a $5,000 cap for torts and no cap for evictions), general civil in the Circuit Court, eviction, or family. The track decides your deadline, the form of response, and whether you are working against a counted answer window or a return date. Confirm the court named in the summons, because that is the Circuit Court where your answer must be filed.
Identify your defenses and any counterclaims
Before drafting the answer days after startingList the affirmative defenses that fit your facts, such as the statute of limitations, insufficient service of process, payment, accord and satisfaction, release, or, in debt-buyer cases, the plaintiff's lack of standing. In debt cases, check the six-year contract limitations period under Wis. Stat. § 893.43. Wisconsin counterclaims are generally permissive under § 802.07(1), but raising a related counterclaim with your answer is often the most efficient way to resolve the whole dispute at once.
Draft the answer in the correct caption and format
Before the answer deadline days after startingRespond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. Wisconsin has no mandatory general civil answer form, so type the answer on pleading paper formatted under the caption rules in Wis. Stat. § 802.04, with the court, parties, and case number in the caption. Small claims defendants may use the voluntary SC-5200V answer and counterclaim form.
File the answer with the clerk of the correct court
On or before the answer deadline days after startingFile with the clerk of the Circuit Court named in the summons. eFiling is mandatory for attorneys under Wis. Stat. § 801.18, while self-represented defendants may eFile or file in person or by mail, so check the rule before filing. There is no separate fee to file an answer, though eFiling adds about $35 per party.
Serve the plaintiff and file proof of service
With or promptly after filing days after startingServe a copy of the filed answer on the plaintiff or the plaintiff's attorney by mail, delivery, or electronic service under Wis. Stat. § 801.14, then file proof of service with the court. An answer that is filed but not served, or served without proof on file, can be challenged.
Request a fee waiver if you cannot afford court fees
At the time of filing days after startingIf you receive public assistance or your income is below the court's threshold, file the Petition for Waiver of Fees and Costs, form CV-410A, under Wis. Stat. § 814.29 to ask the court to waive court fees and costs. Submitting the petition lets you file on time without paying the e-filing or other court fees while the court decides eligibility.
Appear on the return date or at the hearing the court sets
As set by the court days after startingCalendar every date the court sets, especially the small claims return date stated in the summons (8 to 30 days from issue) and the eviction return date (a shorter 5 to 25 days from issue), where you must appear and respond in person if you have not already. Bring your evidence and a copy of any filed answer. Attorney review is available as an option before you respond if your case involves a short eviction return date, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Calculate your response deadline from the date you were served | Find the deadline that matches your track. A general civil complaint is due in 20 calendar days under Wis. Stat. § 802.06(1), or 45 days if the defendant is an insurer, any claim is founded in tort, or the state is the moving party. A divorce response is due in 20 days under § 767.215(3). Small claims and eviction have no counted answer window; under § 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 eviction under § 799.05(3)(b). Mark the exact date on a calendar. | - | Day 0 (date of service) |
| Identify your case track and the correct Circuit Court | Read the caption on the summons to confirm whether the case is small claims (money judgments up to $10,000, with a $5,000 cap for torts and no cap for evictions), general civil in the Circuit Court, eviction, or family. The track decides your deadline, the form of response, and whether you are working against a counted answer window or a return date. Confirm the court named in the summons, because that is the Circuit Court where your answer must be filed. | - | Within 2 days of service |
| Identify your defenses and any counterclaims | List the affirmative defenses that fit your facts, such as the statute of limitations, insufficient service of process, payment, accord and satisfaction, release, or, in debt-buyer cases, the plaintiff's lack of standing. In debt cases, check the six-year contract limitations period under Wis. Stat. § 893.43. Wisconsin counterclaims are generally permissive under § 802.07(1), but raising a related counterclaim with your answer is often the most efficient way to resolve the whole dispute at once. | - | Before drafting the answer |
| Draft the answer in the correct caption and format | Respond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. Wisconsin has no mandatory general civil answer form, so type the answer on pleading paper formatted under the caption rules in Wis. Stat. § 802.04, with the court, parties, and case number in the caption. Small claims defendants may use the voluntary SC-5200V answer and counterclaim form. | answer-to-complaint | Before the answer deadline |
| File the answer with the clerk of the correct court | File with the clerk of the Circuit Court named in the summons. eFiling is mandatory for attorneys under Wis. Stat. § 801.18, while self-represented defendants may eFile or file in person or by mail, so check the rule before filing. There is no separate fee to file an answer, though eFiling adds about $35 per party. | - | On or before the answer deadline |
| Serve the plaintiff and file proof of service | Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by mail, delivery, or electronic service under Wis. Stat. § 801.14, then file proof of service with the court. An answer that is filed but not served, or served without proof on file, can be challenged. | - | With or promptly after filing |
| Request a fee waiver if you cannot afford court fees | If you receive public assistance or your income is below the court's threshold, file the Petition for Waiver of Fees and Costs, form CV-410A, under Wis. Stat. § 814.29 to ask the court to waive court fees and costs. Submitting the petition lets you file on time without paying the e-filing or other court fees while the court decides eligibility. | - | At the time of filing |
| Appear on the return date or at the hearing the court sets | Calendar every date the court sets, especially the small claims return date stated in the summons (8 to 30 days from issue) and the eviction return date (a shorter 5 to 25 days from issue), where you must appear and respond in person if you have not already. Bring your evidence and a copy of any filed answer. Attorney review is available as an option before you respond if your case involves a short eviction return date, a debt-collection statute-of-limitations question, or a disputed service-of-process issue. | - | As set by the court |
Frequently Asked Questions
An answer responds to each numbered paragraph of the complaint by admitting it, denying it, or stating you lack enough information to admit or deny, and then lists your affirmative defenses. Wisconsin does not require a statewide general civil answer form, so you type the answer on pleading paper formatted under the caption rules in Wis. Stat. § 802.04, with the court, parties, and case number in the caption. Small claims defendants may use the voluntary SC-5200V form.
Wisconsin small claims has no counted written-answer deadline before a separate paper due date. Under Wis. Stat. § 799.20(1) the defendant may answer, move to dismiss, or otherwise respond on the return date of the summons. That return date is set 8 to 30 days from the issue date under § 799.05(3)(b). You can file a written answer before the return date or respond on it, but you must not miss that date, because failing to appear allows a default judgment.
Under Wis. Stat. § 806.02(1), once you miss the answer deadline or a return date the plaintiff can seek a default judgment for what the complaint requests. You can file a Motion for Relief from Judgment or Order under § 806.07 within a reasonable time, and no more than one year after the judgment, by showing mistake, inadvertence, surprise, or excusable neglect. Act quickly, because the one-year outer limit is strict.
Sometimes. Parties often agree in writing to extend the response deadline, and you can ask the court for more time. The answer period is already 45 days rather than 20 if the defendant is an insurer, any claim is founded in tort, or the state is the moving party under Wis. Stat. § 802.06(1). Get any extension in writing, because the default clock keeps running until the plaintiff agrees, the court grants more time, or you file a response.
Wisconsin charges no separate fee to file an answer, though eFiling adds $35 per party. If you cannot afford court fees and costs, you can file the Petition for Waiver of Fees and Costs, form CV-410A, under Wis. Stat. § 814.29. Eligibility is based on receiving public assistance or having income below the court's threshold. Filing the petition lets you proceed without paying the e-filing or other court fees while the court decides.
Yes. Improper service of process is a recognized defense in Wisconsin. A defendant can raise insufficient service of the summons to challenge whether the court has personal jurisdiction because service did not follow the rules. If service was defective, the time to answer may not have started to run. Raise a service problem promptly rather than ignoring the case, because ignoring it still risks a default judgment.
Respond the same way as any civil complaint: file a timely answer that admits or denies each allegation and raises your defenses. In debt cases, check the six-year statute of limitations for contracts under Wis. Stat. § 893.43 and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692g. Do not ignore the summons, because silence leads to a default judgment for the full amount claimed.
A respondent served with a divorce petition under ch. 801 may serve a response or counterclaim within 20 days after the date of service under Wis. Stat. § 767.215(3). You file your response with the circuit court using the Wisconsin family law forms. Missing the 20-day window can let the case proceed by default and let the court decide property, support, and custody issues without your input.
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