What is the name of your state (only U.S. law)? WI
Is there a time limit as when a defendant can bring a cross complaint against the plantiff?
In the WI statutes, I read this:
"According to Wis. Stat.s.799.20(2), a cross complaint "shall be made or filed on the return date or any adjourned date."
See Wis. Stat. s.799.20 "Answer; counterclaim and cross complaint".
799.20 Answer; counterclaim and cross complaint.
(1) PLEADING ON RETURN DATE OR ADJOURNED DATE. On the return
date of the summons or any adjourned date thereof the defendant
may answer, move to dismiss under s. 802.06 (2) or otherwise
respond to the complaint.
(2) CROSS COMPLAINT. In the case of more than one defendant,
any cross complaint by one defendant against another who has
appeared shall be made or filed on the return date or any adjourned
(4) INQUIRY OF DEFENDANT WHO APPEARS ON RETURN DATE. If
the defendant appears on the return date of the summons or any
adjourned date thereof, the court or circuit court commissioner
shall make sufficient inquiry of the defendant to determine
whether the defendant claims a defense to the action. If it appears
to the court or circuit court commissioner that the defendant
claims a defense to the action, the court or circuit court commissioner
shall schedule a trial of all the issues involved in the action,
unless the parties stipulate otherwise or the action is subject to
So, lets say, we are stillin the pretrial/hearing phases, can the defendant still file the cross complaint? AT first the defendant wanted to just deal with this and get it handled...however, he has noticed several FDCPA violations along with violations of the WI consumer act...and several 'reaging' issues on the credit report...
What would you do?