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| Atty. Ryan Blay |
Q: I just received a Summons and Complaint from some law firm. What should I do?
A. In Wisconsin, anyone who is being sued (the defendant) has 20 days from the date the Summons and Complaint is received to respond to the court and to the suing party (the plaintiff).
If you get this paperwork and don’t understand it, the smartest thing to do is to go see a lawyer – and quickly! Many lawyers offer free initial consultations and can give you general information on what is being alleged in the complaint and what some usual defenses are.
Any defendant is free to respond “pro se” – that is, without an attorney. In my experience, many judges are very generous in receiving these responses, because they understand that most people haven’t gone to law school and can’t use fancy Latin phrases. However, if you respond by yourself, you run the risk of missing a good defense or accidentally admitting to something you don’t think is true.
If more time is needed to get an attorney – ask for it! If you ask for a short extension of time to respond, and follow up with it by walking in with a lawyer at the next hearing, a judge may be able to grant this within reason.
The worst thing you could do is not respond at all. When a judge hears one side of a story from one party, and nothing from the other, guess who is going to win? The party that is making the claims, whether they are true or not.
Many cases could end up differently if each side took the time to explain their reasoning to the judge and let the court decide. Unfortunately, many people don’t respond until it is too late. By then, the judge has made a decision, and the winning party might already proceed to garnishment, to foreclosure sale, or other means of satisfying a judgment.
When in doubt, take the time to read the paperwork, speak with an attorney, and make an educated decision on how to move forward.
Disclaimer: The information provided is not for the purpose of providing legal advice. The legal analysis of any situation depends on a variety of factors which cannot be properly represented or accounted for on this informational material. If you have questions on your specific factual situation, you should contact an attorney.
