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  1. #1
    yaka11 is offline Junior Member
    Join Date
    Jul 2008
    Posts
    8

    Filing a Cross Complaint

    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

    date.

    (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

    immediate dismissal."

    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?

    Thanks!
  2. #2
    mmmagique is offline Member
    Join Date
    Jun 2008
    Posts
    792
    You want to bring a counter-claim. A cross complaint is one defendent bringing action against another. (I know...semantics) Yes, you may bring a counter-claim.

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