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Return Date, to appear in court or not?

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vickyc

Junior Member
What is the name of your state? WI

I received a summons to small claims court as I am being sued. I am planning on representing myself, but I'm getting confused about whether or not I need to appear in court on the Return Date. From my first read of the laws and the information included in the summons, I thought I just needed to file an Answer, and appear at a later date for trial. While rereading the information I now am not so sure, as it leads me to believe I need to appear in court. Here is the information that has me confused:
On the "summons and complaint" first page, it says:
"To the defendant:
You are being sued as described below. If you wish to dispute this matter:
1. You must appear at the time and place stated, OR
2. You may file a written answer before the date and time stated.
(A duplicate copy must be provided to the plaintiff/attorney)"

It then goes on to say
"if this box is checked, in addition to filing a written answer, you must also personally appear at the data and time stated"

This is a check box, and it is not checked.

Stapled to the back page:
"To the Defandant: if you are not represented by an attorney, you must appear at the Return Date. If YOU are represented by an attorney, your attorney must do the following before the Return Date, and if you compley with these items, it will not be necessary to appear at the return date unless both sides are agreeing to mediate:
-File an answer with the Clerk of Circuit Court's office with a copy to the plantiff"
-notify the plaintiff of your attorney's name and address, with a copy to the court"
 


vickyc

Junior Member
P.S. one of the things that really has me confused is if by appear they mean physical appearance, or just a Notice of Appearance filed.
 

BL

Senior Member
I would personally appear . If you want to file by writing before then you could do that too , but with your doubts , you should appear to protect yourself from a default Judgment .
 

vickyc

Junior Member
Counter claim

I didn't know if I should start a new thread or post here since the question isn't quite related. I hope this is right. I'm bringing up a counter claim in my answer. Do I attach the evidence (a letter) to the answer, or only bring it to court with me. And if I bring it to court with me, do I do it on the return date? Or ?
 

BL

Senior Member
Speak to the clerk of the Court , they should know procedures on that , although they can not give legal advice .
 

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