Help! My tenant just sued me!

If you’ve just found out that one of your tenants is suing you or your company, the news can be difficult to deal with. Before you panic, here is an overview of how you can respond to a lawsuit filed against you in Wisconsin Circuit Court. Remember, anyone can sue you, but they can’t win if they don’t have the facts and the law on their side.

The first thing to do is read the summons carefull, and look for the case number. In Wisconsin, state court case numbers start with the year, and then an abbreviation for the type of court. If you case number has “SC” in it (for example: 2022SC0012345), you are being sued in small claims court, and will need to appear in court (or have your attorney appear in court) at the specific date and time indicated on the summons.

If your case number has “CV” in it (for example: 2022CV0012345), you are being sued in large claims court, and will have a certain number of days to respond to the summons by filing what is called an “Answer” with the court. The answer must separately respond to each of the plaintiff’s allegations, and set forth any defenses you have. Although individuals are allowed to file an answer themselves, LLCs and corporations are legally required to have a licensed attorney sign and file their answer. Even if your are allowed to file your own answer, we strongly recommended that everyone involved in a large claims case obtain an attorney to represent them. The rules are complex, the deadlines are harsh, and the judges lack patience for self-represented parties.