Answer and Counterclaim - Small Claims - Wisconsin Court System - wicourts 2025

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A counterclaim is defined as a claim for relief filed against an opposing party after the original claim is filed. Most commonly, a claim by the defendant against the plaintiff .
The state or an agency of the state or an officer, employee, or agent of the state shall serve an answer to the complaint or to a cross claim or a reply to a counterclaim within 45 days after service of the pleading in which the claim is asserted.
If you are being sued in small claims court, you can file a counterclaim (a claim against the person who is suing you) if you believe that the plaintiff owes you money.
This study answers two fundamental questions about small claims courts: (1) Who usually wins? (2) Do victors collect their judgments? The rate of victory for plaintiffs who file claims and appear in court is eighty-five percent. Of winning plaintiffs, fifty-five percent never collect any part of their judgments.
Counterclaims can be raised if the defendant has incurred losses or damages that they wish to claim for. This scenario is most commonly a result of the transaction in question causing problems leading to losses for the defendant, such as receiving faulty goods or suffering from delays.
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Each party bears the burden of proving his or her claim(s) by the greater weight of the credible evidence. The plaintiff presents his or her evidence first; then the defendant is able to present his or her evidence. After swearing or affirming to testify truthfully, state the facts clearly and concisely.

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