How to Answer a Summons for Debt Collection in Wisconsin (2025)

Life is stressful enough without a debt collection lawsuit on your plate. You might feel tempted to ignore the summons and hope it disappears. Ignoring a lawsuit guarantees you will lose. You’ll end up in a worse financial position than before.

Responding to a debt collection lawsuit is easier than you think. You don’t need an attorney to fight back. This guide shows you exactly how to respond to a debt collection lawsuit in Wisconsin. We’ll cover the state’s specific deadlines, forms, and laws you need to know.

You Have 20 Days to Respond in Wisconsin

A Wisconsin debt collection lawsuit starts when the plaintiff files a Summons and Complaint against you. The plaintiff is usually a creditor or a third-party debt collection company. They purchased your debt from the original creditor.

The clock starts ticking as soon as the lawsuit is filed. You have a limited window to respond and protect your rights.

Wisconsin’s Rules of Civil Procedure, Rule 802.06 (1)(a) states: “A defendant shall serve an answer within 20 days after the service of the complaint.”

You have exactly 20 days to respond to a debt collection Summons in Wisconsin. Some legal cases allow a 45-day extension, but those situations are rare. If you miss the 20-day deadline, you lose by default.

Missing the deadline lets the plaintiff ask for a default judgment. A default judgment means they win automatically. You lose your chance to dispute incorrect information like the debt amount. Worse, the plaintiff can garnish your wages and seize your property with a default judgment.

Avoid a default judgment at all costs. Our partner Solo can help you file your response before the 20-day deadline expires.

Wisconsin Answer Forms You Can Use

You can use our partner Solo to respond to your Wisconsin lawsuit. Answer a few questions online and the system drafts your Answer automatically. The document includes proper legal language and formatting.

Wisconsin courts provide an online Answer form for Small Claims Court cases. Small Claims Court handles cases involving $10,000 or less. You can use form SC-5200V for Small Claims cases.

If your case is in Circuit Court, you’ll need to draft your response correctly. Find your court’s information in the caption at the top of your Summons and Complaint.

Real-World Example

Tracy received a lawsuit letter from Discovery Collections. She knew she had to respond to prevent a default judgment. Tracy didn’t know how to draft an Answer. She found our partner Solo online and completed her Answer in just 15 minutes. She paid for attorney review and filing services. After a few months, Discovery Collections dropped the case. The debt was past the statute of limitations, which Tracy used as her affirmative defense.

Answer Filing Fees in Wisconsin

Great news. Wisconsin charges no fees to file an Answer to a debt collection lawsuit.

Other court filings do carry fees. Filing a motion in a civil case costs anywhere from $0 to $300. Filing a counterclaim costs $125.50. But responding with an Answer costs you nothing.

Four Steps to Respond to Your Debt Lawsuit

Follow these four steps to respond to a debt collection lawsuit in Wisconsin:

1. Create an Answer document
2. Answer each issue in the complaint
3. Assert affirmative defenses
4. File with the court and serve the plaintiff

You can respond with a Motion, but an Answer works best for most cases. Motions require greater understanding of the legal system. Attorneys typically handle Motions.

Representing yourself saves money and reduces stress. Follow our step-by-step guide below.

Step 1: Create Your Answer Document

Review your Summons and Complaint before you start drafting. The Summons notifies you of the lawsuit. It lists the parties involved and the court with jurisdiction. The Complaint contains specific allegations or claims against you.

Your Summons and Complaint should include:

• Your full name (the defendant)
• Plaintiff’s name (the creditor or debt collector)
• Plaintiff’s attorney information
• Physical addresses for both parties
• Court information, including division and address
• Case number (if filed)
• Debt amount

Our partner Solo compiles this information and formats it correctly. For Small Claims Court, use Wisconsin’s SC-5200V form. For Circuit Court cases, you’ll need to draft your own document.

Step 2: Answer Each Complaint Issue

Your Answer’s first section should list responses corresponding with the Complaint’s numbered allegations. You need to respond to each allegation. You can answer three ways:

• Admit: This means “I agree.”
• Deny: This means “Prove it.”
• Deny due to lack of knowledge: This means “I don’t know.”

Respond to each allegation individually. The court considers unanswered allegations as admissions.

Most attorneys recommend denying as many allegations as possible. The burden of proof is not on you. When you deny a claim, the plaintiff must prove it’s true. They might dismiss the case if they lack proper documentation.

For Small Claims cases, check box #1 if the matter is not contested (admit). Check box #2 if the matter is contested (deny). Box #2 requires you to explain why you contest the allegations.

You don’t have to deny every claim to win. You can admit true facts like your name and account number. Use the third response when you cannot verify an allegation. You’re not expected to research corporation details on your own.

Step 3: Assert Your Affirmative Defenses

Assert any appropriate affirmative defenses next. An affirmative defense shows the other side doesn’t have a case. Wisconsin’s Rules of Civil Procedure, Rule 802.02 (3), lists possible affirmative defenses.

For Small Claims cases, include affirmative defenses under #2 where you contest the matter. For other cases, create a new section for affirmative defenses.

Remember: Not being able to pay the debt is not a valid defense.

Common affirmative defenses in debt collection lawsuits include:

• Statute of Limitations: The time limit for suing someone for debt. If the lawsuit exceeds this limit, the creditor can’t get a court order against you.
• Accord and satisfaction: You signed an agreement to pay less than the total debt owed.
• Discharge in bankruptcy: You’re no longer obligated to pay if bankruptcy discharged the debt.
• Payment: You already paid the debt. Attach documentation to support this defense.
• The debt is not yours: The lawsuit could target someone with a similar name. The account number might not match yours. You may be a victim of identity theft.

Real-World Example

Randy had a credit card debt with Connexus Credit Union. He ignored their collection attempts because he had paid the entire debt. He had receipts to prove it. CCU sued Randy and delivered a Summons and Complaint to his home. He had 20 days to respond. Randy noticed they spelled his second name wrong. He wrote two affirmative defenses: he paid the debt, and CCU might be collecting from the wrong person. He attached his receipt and identification card. CCU dismissed the case after receiving his Answer.

You can assert counterclaims if the plaintiff violated Wisconsin debt collection laws. Wisconsin follows the Federal Fair Debt Collection Practices Act (FDCPA). The FDCPA protects consumers from harassment and threats. Wisconsin offers additional protections beyond federal law through the Wisconsin Consumer Act.

Step 4: File and Serve Your Answer

Your final step is filing your Answer with the court and serving the plaintiff. Don’t skip this critical step or your work means nothing.

Here’s what to do:

• Print at least two copies of your Answer
• Mail one copy to the court
• Mail the other copy to the plaintiff’s attorney

Our partner Solo can file your Answer in all 50 states.

Find the court and attorney addresses on your Summons or Complaint. If you can’t find the court’s address, use Wisconsin’s online directory.

The Wisconsin Small Claims form requires you to sign under oath. You must confirm you mailed a copy to the plaintiff or their attorney. Make an additional copy for your records.

Wisconsin Statute of Limitations on Debt

The statute of limitations on debt determines how much time a creditor has to sue you. The time starts from your first missed payment. The debt becomes “time-barred” if the statute of limitations passes. The creditor loses legal grounds to sue you.

Wisconsin Chapter 893, §893.43 sets the statute of limitations at six years. Credit cards, written contracts, and oral contracts all have six-year limits. Promissory notes have a ten-year limit.

Judgments work differently in Wisconsin. The statute of limitations on judgments is 20 years. Creditors can file for renewal, extending the judgment another 20 years.

Filing an Answer protects you from default judgment. You gain time to work out a settlement or other resolution.

Wisconsin Debt Collection Laws Protect You

Wisconsin residents have consumer rights and protections. The federal government enacted the Fair Debt Collection Practices Act (FDCPA). The FDCPA protects consumers from abusive debt collection practices. Wisconsin enacted additional laws to keep debt collectors in check.

Under the FDCPA, debt collectors cannot:

• Call you when you could reasonably be sleeping
• Call you at work if you’ve told them your employer doesn’t allow it
• Use obscene or abusive language
• Misrepresent themselves as attorneys or law enforcement
• Threaten arrest or jail time
• Threaten legal action they don’t plan to take

Wisconsin Consumer Act §427.104 prohibits consumer harassment. Debt collectors cannot threaten to disclose debt information to anyone except you or credit reporting agencies.

Wisconsin Consumer Act §425.304 entitles you to compensation if collectors violate these regulations.

In Wisconsin, third-party debt collection companies cannot sue without authorization from the original creditor.

How to Settle Debt in Wisconsin

Most Americans carry some type of debt. Credit cards, mortgages, car loans, personal loans, and medical debts are common. Most consumers work hard to keep up with financial obligations. Life happens and juggling everything becomes impossible.

Falling behind on payments increases collection activities. Creditors may attempt to sue you. You can take steps to regain control of your financial future.

Step 1: File an Answer to Pending Lawsuits

File an Answer immediately if you’re facing a debt lawsuit. Protect your rights and avoid default judgment.

Step 2: Make an Offer to Start Negotiations

Start the debt settlement negotiation process if you haven’t been sued. Assess how much money you can put toward debt settlement. Consider your savings and money from liquidating assets.

Remember the debt collector will likely counter-offer. Offering to settle for 60% of the debt works best. Start negotiations at 50% with room to accept 60%.

Step 3: Get the Settlement Agreement in Writing

Get your accepted debt settlement offer in writing. Both parties must sign the agreement. The contract should clearly outline:

• How much you’ll pay to settle the debt
• When the lump sum payment is due
• Where you’ll submit payment
• Language stating the creditor waives collection rights to remaining balance
• Signatures from both debtor and creditor

Contact the debt collector by phone, email, or letter to send your first offer. Email provides a quick, reliable written record. Some collectors only communicate by phone. Ask if you can record the call for evidence.

Wisconsin Debt Relief Options

Wisconsin is known for cheese and beer production and beautiful lakes. Unfortunately, Wisconsin also has high debt levels. The average Milwaukee resident owes $7,753 in credit card debt.

Inflation and rising home costs have hit Wisconsin hard. Some residents must choose between buying groceries or paying debt. Debt relief options and financial assistance may be their only choice. Three great debt relief options are debt consolidation, debt settlement, and bankruptcy.

Debt Consolidation

Debt consolidation simplifies debt management and reduces interest payments. Take out a loan to pay multiple debts. You’re left with a single monthly payment. You can pay off debt faster and reduce interest payments. You need a credit score of at least 650 to qualify.

Debt Settlement

Debt settlement works best if your credit score is too low for consolidation. Work with creditors to reduce the balance owed. Make a lump sum to satisfy the debt. You can negotiate on your own or use a debt settlement company.

Research reviews carefully if you use a debt settlement agency. Check their Better Business Bureau profile. These agencies charge sliding fees based on debt amount. Using agencies can hurt your credit because they stop payments while negotiating.

If you negotiate on your own, use proper language in your offer and agreement. Get the debt settlement agreement signed before making payment. Prevent the creditor from coming after you for remaining debt.

Bankruptcy

Bankruptcy provides debt relief but comes at a high price. Use it as a last resort. Bankruptcy stays on your credit report for up to ten years. Getting a mortgage or car loan becomes difficult or impossible. Finding a landlord willing to rent to you gets harder with recent bankruptcy.

Wisconsin Financial Assistance Programs

Wisconsin offers financial assistance programs for struggling families and individuals. Helpful resources include:

• Wisconsin Works (W-2): Provides employment services, case management, and cash assistance
• Job Access Loans: Offers short-term, no-interest loans for emergency employment needs
• Cash Assistance: Various resources providing cash for adoption, funerals, child support, emergency assistance
• Tax Credits: Federal and state tax credits for eligible working families
• Wisconsin Shares Child Care Subsidy: Funds child care costs while parents work
• Low Income Home Energy Assistance Program (LIHEAP): Emergency cash for heating or electric bills
• FoodShare: Wisconsin’s SNAP program providing cash assistance for food
• Private Student Loan Relief: Network of financial counselors linking families with trustworthy agencies

Stop Wage Garnishment in Wisconsin

Creditors can obtain wage garnishment judgments if they win lawsuits against you. Wage garnishment causes extreme financial hardship for struggling debtors. Garnishment makes paying for necessities like rent, utilities, and food difficult.

Wage Garnishment Laws in Wisconsin

Regulations protect debtor rights and ensure creditors follow the law:

• Amount limitation: Maximum garnishment is 20% of disposable earnings or the amount exceeding 30 times federal minimum wage, whichever is less (Wis. Stat. Ann. § 812.34-2)
• Exemptions and protections: Worker’s compensation, retirement income, disability benefits, and veteran benefits are protected. Payday loan companies cannot use wage garnishment (Wis. Stat. Ann § 812.35)
• Time limits: Garnishments remain effective for up to 13 weeks. Creditors must obtain new court orders to continue garnishment
• Other requirements: Creditors must provide seven-day notice before starting garnishment. Notice must include garnishment amount and objection rights

Fight the Garnishment

You can object to wage garnishment based on these reasons:

• The garnishment causes undue financial hardship. Prove why it would significantly impact you and your dependents.
• The creditor miscalculated the garnishment amount.
• The creditor or employer didn’t follow proper procedures.
• You already paid the debt or have a valid settlement agreement.

File your objection with the court. You may attend a hearing where a judge decides validity.

The 13-week rule works in your favor for ending garnishment through settlement. Creditors know continuing garnishment is time-consuming and expensive. It’s never too late to negotiate settlement. Settling the debt can end wage garnishment.

Wisconsin Court Case Search

Wisconsin has an open records law allowing residents to see and acquire court record copies. You can search information online if you’re concerned about a lawsuit filed against you.

Stay updated about your case if a creditor sued you. Creditors don’t always serve defendants correctly.

Understand Wisconsin’s Civil Court Structure

Understanding court structure helps you find your case information. Knowing which courts have jurisdiction over specific cases narrows your search.

Three court levels handle civil cases in Wisconsin:

1. Supreme Court
2. Court of Appeals
3. Circuit Court

The Supreme Court is Wisconsin’s highest judicial court. The Court of Appeals handles civil cases appealed from Circuit Courts. Circuit Courts have jurisdiction over civil cases with no monetary limit. Small Claims Courts handle cases involving up to $10,000.

Look Up Your Case Online

Finding your case becomes easier once you determine which court has it. Wisconsin has two great search tools:

1. Wisconsin Circuit Court Access
2. Wisconsin Supreme Court and Court of Appeals Access

You’ll need some of this information to find your case:

• Your full name
• The entity suing you
• Your date of birth
• The county where the lawsuit was filed
• The case number

The tool is easy to navigate. Your full name is often enough to locate records.

You can also obtain court records by visiting the courthouse where the case was filed. Public access terminals at the clerk’s office let you search without a home computer. Use Wisconsin’s court directory to find courthouse addresses or clerk phone numbers.

Wisconsin Legal Aid Organizations

All states have legal aid organizations. Some are government-funded. They offer legal services to residents who cannot afford them. Wisconsin legal aid organizations include:

• Legal Action of Wisconsin
• Wisconsin Judicare
• Legal Aid Society of Milwaukee
• State Bar of Wisconsin Reduced Fee Services

Wisconsin Court Locations

You may need to visit the courthouse during your lawsuit. You might check your case status or attend a hearing or trial. Knowing your courthouse location is important.

Wisconsin provides a directory with court locations for all counties. Click on the court type to open a directory with courthouse addresses and clerk phone numbers.

Send a Debt Validation Letter Before They Sue

Sending a Debt Validation Letter when a debt collector first contacts you can stop them immediately. The FDCPA requires collectors to provide debt validation within five days. Collectors must include five points in their communication:

1. The debt amount
2. The creditor’s name
3. The collector assumes the debt is valid unless you send a Debt Validation Letter within 30 days
4. If you send a Letter, they must mail you debt validation
5. If you send a Letter, they must mail you the original creditor’s name and address

The debt collector must provide these five points within five days. You have 30 days to send a Debt Validation Letter if you dispute the debt. If the collector doesn’t provide these points within five days, they violated the FDCPA. You can sue them for $1,000 or more.