Summons needed for counterclaim?

[trek]

In Wisconsin circuit court (large claim) do I need to attach a summons to my Answer with Counterclaim?
I know I don't need to attach one to a simple Answer, but since the plaintiff will have to reply/answer the counterclaim I'm guessing I have to tell them how many days, etc. and this is typically done with a summons.

 

[adjusterjack]

In Wisconsin circuit court (large claim) do I need to attach a summons to my Answer with Counterclaim?
I know I don't need to attach one to a simple Answer, but since the plaintiff will have to reply/answer the counterclaim I'm guessing I have to tell them how many days, etc. and this is typically done with a summons.

If you are doing this without an attorney you really need to familiarize yourself with the WI Rules of Civil Procedure before you make a procedural error that knocks you out of the water.

See Chapter 8-1 through 807.

http://docs.legis.wisconsin.gov/statutes/statutes

Your answer should be in there someplace.

 

[trek]

"should be" is right!

Your answer should be in there someplace.

I've been studying those chapters for hours and no mention is made. 801.09, .095, & .10 go into great detail and only indicate the defendant as recipient and only refer to the complaint. Counterclaim never comes up.

I suppose I can infer that if it is not noted in the statutes it is not done.

 

[adjusterjack]

I've been studying those chapters for hours and no mention is made. 801.09, .095, & .10 go into great detail and only indicate the defendant as recipient and only refer to the complaint. Counterclaim never comes up.

I suppose I can infer that if it is not noted in the statutes it is not done.

Well, I don't have the time to go through all that so the answer is that your counterclaim is part of your answer and the whole thing gets filed with the court and a copy served on the Plaintiff.

Here's a universal sample of an answer and counterclaim.

http://www.wikihow.com/Sample/Answer-to-Complaint-and-Counterclaim-Form

 

[quincy]

A summons is what directs a defendant to appear in court. The summons along with the complaint is what starts a legal action filed by the plaintiff.

A counterclaim can be a part of the defendant's response to the plaintiff's legal action. A counterclaim is not a separate action if it relates to or arises out of the same subject matter. It is its own claim for relief against the plaintiff. A summons in this case would not be necessary.

Following is a direct link to Wisconsin's Rules of Civil Procedure, which you will need to understand in order to not only represent yourself properly in court but to file a counterclaim against the plaintiff.

http://docs.legis.wisconsin.gov/statutes/statutes/802.pdf

I recommend you seek assistance from an attorney in your area of Wisconsin, if not to hire this attorney for full representation (which would probably be smart) but to at least pay for a few hours of his time so the attorney can help you respond to the complaint properly. It is often how a pro se plaintiff or a pro se defendant starts off a lawsuit that determines what path the suit will take.

Good luck.

 

[latigo]

In Wisconsin circuit court (large claim) do I need to attach a summons to my Answer with Counterclaim?
I know I don't need to attach one to a simple Answer, but since the plaintiff will have to reply/answer the counterclaim I'm guessing I have to tell them how many days, etc. and this is typically done with a summons.

No, you do not need a summons to go with your counterclaim. Nor do you need to "tell them how many days," etc. By rule the plaintiff has 20 days to reply to a counterclaim (Wis. St. Chapter 802, Section 802.06.) Hopefully, you know how the counterclaim is filed and property served and the form of certificate of service/mailing. The later begins the ticking off of the 20 days.

HOWEVER, please do not be so naïve as to think that you can acquire a working knowledge of your state's Rules of Civil Procedure and its State Circuit Court Rules by pulling up and reading a bunch of web links! Or in fact just by reading them! And the same goes for the Rules of Evidence, equally arcane and are the thread work of trying a lawsuit.

You say the plaintiff's claim is substantial? I say you are foolish for attempting to defend it without counsel.

Also, beware of the need that your counterclaim is reasonably supportable both in fact and in law. If the court finds that it spurious and without legal grounds, it could co$t you dearly!

 

[quincy]

No, you do not need a summons to go with your counterclaim. Nor do you need to "tell them how many days," etc. By rule the plaintiff has 20 days to reply to a counterclaim (Wis. St. Chapter 802, Section 802.06.) Hopefully, you know how the counterclaim is filed and property served and the form of certificate of service/mailing. The later begins the ticking off of the 20 days.

HOWEVER, please do not be so naïve as to think that you can acquire a working knowledge of your state's Rules of Civil Procedure and its State Circuit Court Rules by pulling up and reading a bunch of web links! Or in fact just by reading them! And the same goes for the Rules of Evidence, equally arcane and are the thread work of trying a lawsuit.

You say the plaintiff's claim is substantial? I say you are foolish for attempting to defend it without counsel.

Also, beware of the need that your counterclaim is reasonably supportable both in fact and in law. If the court finds that it spurious and without legal grounds, it could co$t you dearly!

I agree with everything latigo says and want to emphasize how important it can be to have an attorney's assistance if this is a "large claim" that has been filed against you and that, if you lose, can harm you financially in a significant way.

Again, you will find many attorneys who will help a pro se through the initial steps of a lawsuit and who will make themselves available if some questions arise during the suit. You might want to call the State Bar, find attorneys in your area, and give a few a call.

 

[trek]

Thanks!

I was going to go without a summons (but I had one ready) anyway, but I am reassured by your advice.

Thanks everyone!

 

[quincy]

I was going to go without a summons (but I had one ready) anyway, but I am reassured by your advice.

Thanks everyone!

We appreciate the thanks, trek. Good luck with your legal action.