**ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM

IN THE WISCONSIN CIRCUIT COURT, [COUNTY] COUNTY
SMALL CLAIMS DIVISION**

I. DOCUMENT HEADER

Court Caption

STATE OF WISCONSIN CIRCUIT COURT [COUNTY] COUNTY

[PLAINTIFF NAME],
Plaintiff,
Case No.: [__]
v. Classification Code: 31001
Amount Claimed: $[______]
[DEFENDANT NAME],
Defendant.

Document Title

ANSWER, AFFIRMATIVE DEFENSES, AND [OPTIONAL] COUNTERCLAIM TO SMALL CLAIMS COMPLAINT

Recitals

Defendant [DEFENDANT NAME] (“Defendant”) submits this Answer, Affirmative Defenses, and (if elected) Counterclaim to the Small Claims Complaint (“Complaint”) filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”) on or about [DATE COMPLAINT SERVED]. This pleading is timely under Wis. Stat. ch. 799 and the return date specified in the Summons.

Effective Date: Upon filing with the Clerk of Circuit Court, Small Claims Division, [County] County, Wisconsin (“Court”).

Jurisdiction: Small Claims governed by Wisconsin state law and Wis. Stat. ch. 799.

[// GUIDANCE: Verify county, classification code, and amount claimed with the Clerk’s office before filing.]

II. DEFINITIONS

1. “Answer” means this responsive pleading, inclusive of all sections herein.
2. “Complaint” means Plaintiff’s small-claims complaint dated [COMPLAINT DATE].
3. “Counterclaim” means any claim by Defendant against Plaintiff permissible under Wis. Stat. ch. 799 and within the applicable monetary limits.
4. “Court” means the Wisconsin Circuit Court, [County] County, Small Claims Division.
5. “Return Date” means the first court date listed on the Summons at which Defendant must appear or file a written answer.
6. “Parties” means, collectively, Plaintiff and Defendant.

III. OPERATIVE PROVISIONS

A. General Responses to Allegations

1. Unless expressly admitted, each and every allegation in the Complaint is denied.
2. Paragraph-by-Paragraph Response
   a. ¶ 1: [ADMIT / DENY / LACK KNOWLEDGE — INSERT RESPONSE].
   b. ¶ 2: [ADMIT / DENY / LACK KNOWLEDGE].
   c. ¶ 3: …
   d. Continue for each numbered paragraph of the Complaint.

[// GUIDANCE: If the Complaint is unnumbered, identify allegations by subject matter or page/line numbering.]

B. Specific Admissions

Defendant admits the following allegations solely for purposes of this action:
1. [E.g., “Defendant is a resident of [County], Wisconsin.”]

C. Specific Denials

Defendant denies the following allegations and demands strict proof:
1. [E.g., “Any allegation that Defendant owes the alleged sum to Plaintiff.”]

D. Allegations Lacking Knowledge or Information

Pursuant to Wis. Stat. § 802.02(4), Defendant lacks sufficient knowledge or information to form a belief as to the truth of the following allegations and therefore denies the same:
1. [List.]

E. Prayer for Relief on Complaint

Defendant requests that the Court:
1. Dismiss the Complaint with prejudice;
2. Award Defendant statutory costs, disbursements, and allowable fees; and
3. Grant such other and further relief as the Court deems just and equitable.

IV. AFFIRMATIVE DEFENSES

Without conceding the burden of proof, and reserving the right to amend, Defendant asserts the following affirmative defenses as may be applicable under Wis. Stat. § 799.06 and general Wisconsin law:

1. Failure to State a Claim – The Complaint does not allege facts sufficient to constitute a claim.
2. Payment and Accord & Satisfaction – Any obligation has been paid, satisfied, or discharged.
3. Statute of Limitations – Plaintiff’s claim is barred in whole or in part by applicable limitations periods.
4. Statute of Frauds – Any alleged agreement is unenforceable because it was required to be, but was not, in writing and signed.
5. Lack of Consideration – Plaintiff gave no sufficient consideration for any alleged promise.
6. Set-Off/Recoupment – Defendant is entitled to set-off amounts owed by Plaintiff.
7. Failure of Condition Precedent – Plaintiff has not satisfied contractual or statutory conditions precedent.
8. Unjust Enrichment – Granting relief would unjustly enrich Plaintiff.
9. Misrepresentation/Fraud – Plaintiff’s claims are based on false representations.
10. Waiver, Estoppel & Laches – Plaintiff waived or is estopped from asserting the claim, or unreasonably delayed to Defendant’s detriment.
11. Improper Service – Service of process did not comply with Wis. Stat. § 801.11 or ch. 799.
12. Exceeding Small-Claims Jurisdictional Limit – The amount demanded exceeds the statutory maximum ($10,000 for money judgments, subject to periodic adjustment).
13. Other Defenses – [INSERT ADDITIONAL DEFENSES AS APPLICABLE].

[// GUIDANCE: Delete inapplicable defenses; add any that are compulsory (e.g., bankruptcy discharge) to avoid waiver.]

V. COUNTERCLAIM (Optional)

[Only include if Defendant has a claim against Plaintiff. Monetary counterclaims must not exceed the small-claims limit and must arise out of the same transaction or be otherwise allowable.]

1. Parties – Defendant/Counter-Plaintiff repeats and realleges the above paragraphs.
2. Jurisdiction & Venue – Proper under Wis. Stat. §§ 799.01 & 799.02 because the amount sought is $[__] and Defendant resides in [County].

3. Factual Allegations –
   a. On [DATE], Plaintiff [describe conduct].
   b. As a direct result, Defendant incurred damages of $[AMOUNT].

4. Cause(s) of Action –
   a. Breach of Contract.
   b. Unjust Enrichment.
   c. [Other].

5. Damages – Defendant demands judgment against Plaintiff in the sum of $[__], plus costs, disbursements, pre- and post-judgment interest as allowed by law.

6. Prayer for Relief on Counterclaim –
   a. Judgment in the amount stated above or as proven at trial;
   b. Dismissal of Plaintiff’s Complaint;
   c. Such other relief as the Court deems proper.

[// GUIDANCE: A counterclaim filed with the Answer is deemed served on Plaintiff under Wis. Stat. § 801.14 when filed; no separate service is required unless ordered.]

VI. REPRESENTATIONS & WARRANTIES

1. Defendant represents that the factual statements herein are true to the best of Defendant’s knowledge, information, and belief, formed after reasonable inquiry.
2. Defendant acknowledges that false statements are subject to the penalties of Wis. Stat. § 946.32 (false swearing).

VII. COVENANTS & RESTRICTIONS

1. Defendant covenants to supplement or amend this pleading promptly upon discovering new material facts or defenses, as required by Wis. Stat. § 802.09.

VIII. DEFAULT & REMEDIES

1. Plaintiff’s Default – If Plaintiff fails to prosecute or appear, Defendant will move for dismissal with prejudice and for costs per Wis. Stat. § 799.22(2).
2. Sanctions – Defendant reserves all rights to seek sanctions and attorney fees under Wis. Stat. § 802.05 and the Court’s inherent authority.

IX. RISK ALLOCATION

1. Liability Cap – Any judgment in favor of either party is limited to the statutory maximum for small-claims actions (currently $10,000 for money judgments, exclusive of costs and interest).
2. Indemnification – Not applicable; each party bears its own risk absent a separate contractual obligation.

X. DISPUTE RESOLUTION

1. Governing Law – Wisconsin law exclusively governs this action.
2. Forum – The Wisconsin Circuit Court, [County] County, Small Claims Division, has exclusive jurisdiction.
3. Arbitration & Jury Trial – Not applicable; jury trials are not available in small-claims cases under Wis. Stat. § 799.21(4).

XI. GENERAL PROVISIONS

1. Amendments – This pleading may be amended once as-of-right prior to the close of pleadings under Wis. Stat. § 802.09(1).
2. Severability – If any portion is stricken, the remainder continues in full force.
3. Integration – This document constitutes Defendant’s complete responsive pleading.

XII. EXECUTION BLOCK

Dated: ___, 20_ Respectfully submitted,

______ _____
[DEFENDANT NAME] [ATTORNEY NAME] (Bar No. __)
Pro Se / Attorney for Defendant [LAW FIRM NAME]
[ADDRESS] [ADDRESS]
[PHONE] [PHONE]
[EMAIL] [EMAIL]

Verification (Pro Se Defendant Only)
I declare under penalty of perjury that the foregoing is true and correct.

[DEFENDANT NAME]
Date: ____

[// GUIDANCE: A notarized verification is not required in Wisconsin small-claims practice, but sign under penalty of perjury to bolster credibility.]

FILING & SERVICE CHECKLIST

1. File original with Clerk of Circuit Court on or before the Return Date.
2. Provide copy to Plaintiff or Plaintiff’s counsel via first-class mail or as the Court directs.
3. Bring proof of service and all supporting documents to the initial appearance.
4. Calendar trial/hearing dates set by the Court at the initial appearance.
5. Preserve all documentary evidence (contracts, receipts, photographs, communications, etc.).

[// GUIDANCE: Failure to appear at the Return Date—even if this written Answer is filed—may result in default judgment under Wis. Stat. § 799.22(4). Always appear unless specifically excused by the Court.]

End of Document