[WI] What should you do if you’re served with a debt collection lawsuit?

Lexi, Chatbot

I'm sorry to hear that you're facing a lawsuit from a debt collector; that can be really stressful. Can you tell me when you received the lawsuit notice?

Lexi, Chatbot

Have you had any previous communication with the debt collector regarding this debt?

Lexi, Chatbot

Is there anything else the Consumer Protection Lawyer should know before I connect you? Rest assured they'll be able to help with your debt collection lawsuit.

Legal Eagle

Hello, I'm Legal Eagle. I'm an attorney who works in your area of law and I'll help you sort this out today. I've read what you shared, so let's go over what's happening and what your best next steps look like. You mentioned being sued by a debt collector and receiving a call about legal documents. Is that correct?

Legal Eagle

Could you share a bit more about the nature of the debt? For example, is it related to credit cards, medical bills, or something else?

Legal Eagle

Ok thank you so much for including that! What state is this in?

Legal Eagle

Understood! So you're just wondering what you need to do here, correct?

Legal Eagle

Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.

Legal Eagle

I hear you! Let them serve you, but let me tell you what to do after the fact.

Legal Eagle

I have experience in representing debtors in court, so you're in good hands. The short answer is after you're served, you need to file a response, then call them to work toward a settlement. That's the short answer.

Here is the long answer: the first thing that is important to do is to respond to the lawsuit. Most jurisdictions require that you respond within 20 to 30 days after the lawsuit is served. In Wisconsin, (WI Stat § 802.06) generally requires a defendant to serve an answer within 20 days after being served with the complaint, though small claims cases follow their own timeline under (WI Stat § 799), meaning there isn't a lot of time to do so. You can prepare your response, make three copies, and file at the same court where the lawsuit was initiated. Keep in mind that even if you are responding to a lawsuit, most courts require a filing fee. The court will stamp that the docs have been received. The court will keep one copy of the received document, and the court will give you back stamped copies of the others, one for you to keep and one for you to serve. When you get those documents, you need to mail a copy by regular mail to the other party. Then you need to file what's called a "proof of service" form, which in Wisconsin relates to the service and filing rules under (WI Stat § 801.14). This is a free form by the courts to show when the document was filed. In the meantime, while the court sets dates for things like a case management conference, you can work on settling the debt. Sometimes, just settling the debt is the easiest thing to do. It doesn't always appear as if it's the easiest thing to do, but every single day lawyers across the country are explaining to their clients that if they just work on settling their debts in a way that makes sense for them, they are going to be in a better position in the long term.

Legal Eagle

Sure thing! If you're not served, then the case does not proceed until they do, so nothing.

Legal Eagle

They do have to prove it to a court, but let me assure you that it's highly improbable that a court would find against them, but that assumes you're served.

Legal Eagle

I'm very sorry about that! I want to ensure you feel completely satisfied with our conversation. Were there any details I missed? Did you have any concerns about this issue that still need to be addressed? I'm happy to help. I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.