Sued in Wisconsin? Your summons sets your deadline
Small claims: by the date on your summons. Large-claim circuit court case: by the date on your summons.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Wisconsin
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Wisconsin guides by topic
How to answer in Wisconsin
Your deadline by court, the official form, fees and defenses.
Default judgment in Wisconsin
What a default means and how to set it aside, with a calculator.
After a judgment in Wisconsin
Wage garnishment, bank levies and how to claim an exemption.
Which court hears debt cases in Wisconsin
Circuit Court, Small Claims
Claims for money of $10,000 or less, including most consumer debt suits. For a consumer claim, the case should be filed in the county where you live or were personally served, or where you got the credit or signed the agreement.
Law: Wis. Stat. ch. 799 (as described in court guide SC-6000V)
Circuit Court (civil, large claim)
Debt claims over $10,000 must be filed as regular civil cases in circuit court.
Law: Wisconsin Court System, Small claims
How to answer in Wisconsin
- How to answer
Fill out the Answer and Counterclaim (SC-5200V), make at least 3 copies, and file it with the clerk of court in the county where the case was filed; then deliver a copy to the plaintiff as your county's rules require (by mail, file a Declaration of Mailing, SC-5130V). Many courts accept eFiling.
- Official answer form
- Answer and Counterclaim (Small Claims), SC-5200V
- Fee to answer
The court's answer guide lists a filing fee only for a counterclaim over $10,000 (or a tort or personal injury counterclaim over $5,000), which moves the case out of small claims.
- If you can't pay the fees
Petition for Waiver of Fees and Costs - Declaration of Indigency (CV-410A): https://www.wicourts.gov/formdisplay/CV-410A.pdf?formNumber=CV-410A&formType=Form&formatId=2&language=en
- How you must be served
A small claims summons and complaint for money must be served at least 8 business days before the return date. It can be served personally, by substitute service, or by publication; it can be mailed only if local court rules allow it and you live in the county where the case was filed. Service must be made within 90 days after the case was filed.
Law: Court guide SC-6050V (Basic Steps to Small Claims Service)
Law: Court forms SC-500 (03/26), SC-5200V; guide SC-6040V (09/24); Wis. Stat. ch. 799
Defenses to know in Wisconsin
- Defenses in Wisconsin law
If you dispute the claim, you can explain why in your answer and add a counterclaim. If you think the debt is too old to sue on, raise the statute of limitations in your answer. A default judgment in a case filed in the wrong county can be reopened (see below).
If you missed the deadline in Wisconsin
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
If you do not appear or answer as the summons requires, the plaintiff will likely get a default judgment for what it asks, plus statutory court costs.
- How to set it aside (cancel it)
File a Motion to Reopen Small Claims Judgment (SC-515A) within 12 months after the judgment, showing a good reason for missing court. If you were served by mail and never got it, file a Petition to Answer or to Reopen (SC-511A) within 15 days after you learn of the case or judgment, and no later than 1 year after the judgment. If the case was filed in the wrong county, a motion to reopen must be filed within 1 year.
Law: Wis. Stat. §§ 799.29, 799.11(1), 799.14(1) (as cited on forms SC-515A and SC-511A); court guide SC-6000V (09/24)
Count your deadline to set aside a default
Mediation and settlement in Wisconsin
Some counties offer mediation services in small claims cases (Wisconsin Court System, SC-6000V).
If there is a judgment in Wisconsin
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
1% plus the prime rate in effect on January 1 (for judgments entered January-June) or July 1 (for judgments entered July-December), fixed for the life of the judgment. For 2026 the rate is 7.75%.
- How long it lasts
A docketed judgment is a lien on your real estate in that county for 10 years.
Law: Wis. Stat. § 815.05(8) (2011 Act 69); court guides SC-6060V, SC-6090V
Garnishment, bank levy and exemptions in Wisconsin
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
At least 80% of your disposable earnings are protected; the most that can be taken is 20%, or the amount above 30 times the federal minimum hourly wage, whichever is less. Your earnings are fully protected if your household income is below the federal poverty level, or if you get (or in the last 6 months got, or are eligible for) certain public benefits. A garnishment lasts 13 weeks unless you agree in writing to extend it.
Law: Wis. Stat. § 812.34, forms CV-423 and CV-426
- Bank levy (freezing and taking money in your bank account)
A creditor can use a non-earnings garnishment to reach money a bank holds for you. The creditor must have a sheriff or private process server serve you with the garnishment papers. After a small claims judgment, the court orders you to complete a Financial Disclosure Statement (SC-506B) and send it to the creditor within 15 days unless you have paid.
- How to claim an exemption
Bank account (non-earnings garnishment): fill out the Debtor's Answer Non-Earnings Garnishment Small Claims (SC-303) if your money is fully or partly exempt, and file it by the date and time on the garnishment summons or bring it to the hearing listed there. Send copies to the creditor (or its lawyer) and the bank. If the creditor objects, go to the hearing; the court decides. Wages: you must be served the Earnings Garnishment - Exemption Notice (CV-423), a blank Debtor's Answer (CV-424), the Garnishment Exemption Worksheet (CV-426) and the poverty guidelines (CV-427). If you qualify for a full or partial exemption, give or mail a copy of the completed Debtor's Answer to your employer. If your situation changes while the garnishment is in effect, you may file a new answer at any time. If the creditor objects, the court decides.
Law: Wis. Stat. §§ 812.34, 812.37, 812.44(4) (as cited on CV-423); court guide SC-6071V
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Wisconsin
Count your deadline to claim an exemption
Free help in Wisconsin
- Wisconsin Law Help (free legal information)
- State Bar of Wisconsin (lawyer referral)
- Wisconsin DFI, Wisconsin Consumer Act complaints · (800) 452-3328
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Help filling in Wisconsin's official answer form
Link to the official form and what to write on it.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Wisconsin
- You have up to 12 months to ask to reopen a small claims default judgment if you have a good reason (court guide SC-6000V).
- An earnings garnishment lasts 13 weeks unless you agree in writing to extend it (court form CV-423).
- Judgment interest is fixed at the rate in effect when the judgment is entered; it was 7.75% for all of 2026 (Wisconsin Court System).
Changes in 2024–2026
The small claims Summons and Complaint (SC-500) was revised in March 2026, with a correction published July 6, 2026 (Wisconsin Court System forms list).
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Wisconsin
How long do I have to answer a debt lawsuit in Wisconsin?
Small claims: the summons gives a return date and time. You must appear at the time and place stated, and/or file a written answer and give a copy to the plaintiff or its lawyer on or before that date and time, as the summons says. Rules differ by county. In a large-claim circuit court case, file a written answer within the time stated in the summons.
How do I answer a debt lawsuit in Wisconsin?
Fill out the Answer and Counterclaim (SC-5200V), make at least 3 copies, and file it with the clerk of court in the county where the case was filed; then deliver a copy to the plaintiff as your county's rules require (by mail, file a Declaration of Mailing, SC-5130V). Many courts accept eFiling.
Is there an official answer form in Wisconsin?
Answer and Counterclaim (Small Claims), SC-5200V: https://www.wicourts.gov/formdisplay/SC-5200V.pdf?formNumber=SC-5200V&formType=Form&formatId=2&language=en
Does it cost money to answer in Wisconsin?
The court's answer guide lists a filing fee only for a counterclaim over $10,000 (or a tort or personal injury counterclaim over $5,000), which moves the case out of small claims.
What if I can't afford the court fees in Wisconsin?
Petition for Waiver of Fees and Costs - Declaration of Indigency (CV-410A): https://www.wicourts.gov/formdisplay/CV-410A.pdf?formNumber=CV-410A&formType=Form&formatId=2&language=en
What happens if I don't answer in Wisconsin?
If you do not appear or answer as the summons requires, the plaintiff will likely get a default judgment for what it asks, plus statutory court costs.
Can I cancel a default judgment in Wisconsin?
File a Motion to Reopen Small Claims Judgment (SC-515A) within 12 months after the judgment, showing a good reason for missing court. If you were served by mail and never got it, file a Petition to Answer or to Reopen (SC-511A) within 15 days after you learn of the case or judgment, and no later than 1 year after the judgment. If the case was filed in the wrong county, a motion to reopen must be filed within 1 year.
How much interest does a judgment add in Wisconsin?
1% plus the prime rate in effect on January 1 (for judgments entered January-June) or July 1 (for judgments entered July-December), fixed for the life of the judgment. For 2026 the rate is 7.75%.
How long does a judgment last in Wisconsin?
A docketed judgment is a lien on your real estate in that county for 10 years.
Can my wages be garnished in Wisconsin?
At least 80% of your disposable earnings are protected; the most that can be taken is 20%, or the amount above 30 times the federal minimum hourly wage, whichever is less. Your earnings are fully protected if your household income is below the federal poverty level, or if you get (or in the last 6 months got, or are eligible for) certain public benefits. A garnishment lasts 13 weeks unless you agree in writing to extend it.
Can a creditor take money from my bank account in Wisconsin?
A creditor can use a non-earnings garnishment to reach money a bank holds for you. The creditor must have a sheriff or private process server serve you with the garnishment papers. After a small claims judgment, the court orders you to complete a Financial Disclosure Statement (SC-506B) and send it to the creditor within 15 days unless you have paid.
How do I claim an exemption in Wisconsin?
Bank account (non-earnings garnishment): fill out the Debtor's Answer Non-Earnings Garnishment Small Claims (SC-303) if your money is fully or partly exempt, and file it by the date and time on the garnishment summons or bring it to the hearing listed there. Send copies to the creditor (or its lawyer) and the bank. If the creditor objects, go to the hearing; the court decides. Wages: you must be served the Earnings Garnishment - Exemption Notice (CV-423), a blank Debtor's Answer (CV-424), the Garnishment Exemption Worksheet (CV-426) and the poverty guidelines (CV-427). If you qualify for a full or partial exemption, give or mail a copy of the completed Debtor's Answer to your employer. If your situation changes while the garnishment is in effect, you may file a new answer at any time. If the creditor objects, the court decides.
More help on our sister sites
Sources
- Wisconsin Court System: Small claims
- Basic Guide to Wisconsin Small Claims Actions (SC-6000V, 09/24)
- Basic Steps for Filing an Answer (SC-6040V, 09/24)
- Basic Steps to Small Claims Service (SC-6050V)
- Summons and Complaint (Small Claims), SC-500 (03/26)
- Interest Rates on Civil Judgments (2011-2026)
- Earnings Garnishment - Exemption Notice (CV-423)
- Earnings Garnishment - Debtor's Answer (CV-424)
- Garnish earnings: creditor's steps (SC-6070V)
- Docket a small claims judgment (SC-6060V)
- Non-earnings garnishment: basic steps (SC-6071V)
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?