Wisconsin Statutes
Wis. Stat. § 802.07 (2026)
Counterclaim and cross claim
✓ current as of July 2026
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802.07(1)(1) Counterclaim. A defendant may counterclaim any claim which the defendant has against a plaintiff, upon which a judgment may be had in the action. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. Except as prohibited by s. 802.02 (1m), the counterclaim may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.
802.07(2)(2) Counterclaim maturing or acquired after pleading. A claim which either matured or was acquired by the pleader after serving the pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.
802.07(3)(3) Cross claim. A pleading may state as a cross claim any claim by one party against a coparty if the cross claim is based on the same transaction, occurrence, or series of transactions or occurrences as is the claim in the original action or as is a counterclaim therein, or if the cross claim relates to any property that is involved in the original action. Except as prohibited by s. 802.02 (1m), the cross claim may include a claim that the party against whom it is asserted is or may be liable to the cross claimant for all or part of a claim asserted in the action against the cross claimant.
802.07(4)(4) Joinder of additional parties. Persons other than those made parties to the original action may be made parties to a counterclaim or cross claim in accordance with ss. 803.03 to 803.05.
802.07(5)(5) Separate trials; separate judgments. If the court orders separate trials as provided in s. 805.05 (2), judgment on a counterclaim or cross claim may be rendered in accordance with s. 806.01 (2) when the court has jurisdiction so to do, even if the claims of the opposing party have been dismissed or otherwise disposed of.
802.07 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 628 (1975); 1975 c. 218; Sup. Ct. Order, 104 Wis. 2d xi; 1987 a. 256; 2007 a. 97.
802.07 AnnotationSection 806.02 (2) provides that the plaintiff may move for default judgment according to the demand of the complaint. This section gives no indication that the appellations “plaintiff” and “defendant” may be reversed for purposes of a counterclaim. Pollack v. Calimag, 157 Wis. 2d 222, 458 N.W.2d 591 (Ct. App. 1990).
802.07 AnnotationA defendant may not join opposing counsel in counterclaims, but claims may be asserted against counsel after the principal action is completed. Badger Cab Co. v. Soule, 171 Wis. 2d 754, 492 N.W.2d 375 (Ct. App. 1992).
802.07 AnnotationThis section does not contain mandatory counterclaim language, but res judicata bars claims arising from a single transaction that was the subject of a prior action and could have been raised by a counterclaim in the prior action if the action would nullify the initial judgment or impair rights established in the initial action. A.B.C.G. Enterprises v. First Bank Southeast, N.A., 184 Wis. 2d 465, 515 N.W.2d 904 (1994).
802.07 AnnotationWhen collateral estoppel compels raising a counterclaim in an equitable action, that compulsion does not result in the waiver of the right to a jury trial. Norwest Bank Wisconsin Eau Claire, N.A. v. Plourde, 185 Wis. 2d 377, 518 N.W.2d 265 (Ct. App. 1994).
802.07 AnnotationIn an automobile injury action by an injured party naming the driver of the other car and the injured party’s own insurance company as defendants, the court was not competent to proceed on a default judgment motion by the insurer against the other defendant when the insurer had filed an answer, but no cross claim against the other defendant. A default judgment entered in favor of the insurer was void. Tridle v. Horn, 2002 WI App 215, 257 Wis. 2d 529, 652 N.W.2d 418, 01-3372.
802.07 AnnotationCross-claims are generally permissive in Wisconsin. Wisconsin Public Service Corp. v. Arby Construction, Inc., 2011 WI App 65, 333 Wis. 2d 184, 798 N.W.2d 715, 10-0878.
802.07 AnnotationThe general rule in Wisconsin is that when a defendant may interpose a counterclaim but fails to do so, the defendant is not precluded from maintaining a subsequent action on that claim. A.B.C.G. Enterprises, 184 Wis. 2d 465 (1994), establishes a narrow, common law exception to the permissive counterclaim rule as a means of reconciling the tension between that rule and claim preclusion. A counterclaim is compulsory only if claim preclusion would otherwise apply and a favorable judgment in the second action would nullify the judgment in the original action or impair rights established in the initial action. Hull v. Glewwe, 2019 WI App 27, 388 Wis. 2d 90, 931 N.W.2d 266, 17-2485. But see Teske v. Wilson Mutual Insurance Co., 2019 WI 62, 387 Wis. 2d 213, 928 N.W.2d 555, 17-1269.
802.07 AnnotationWhen a defendant obtains judgment on a counterclaim, the judgment extinguishes the defendant’s right to recover on other counterclaims arising from the same transaction. Bankruptcy Estate of Lake Geneva Sugar Shack, Inc. v. General Star Indemnity Co., 32 F. Supp. 2d 1059 (1999).
802.07 AnnotationLanding in A.B.C.G. Soup: The Compulsory Counterclaim Trap. Bach. Wis. Law. Mar. 2006.
Notes of Decisions
Cited in 32
cases, 1981–2019 · leading case: Wickenhauser v. Lehtinen, 2007 WI 82 (Wis. 2007).
Wickenhauser v. Lehtinen, 2007 WI 82 (Wis. 2007). “[9] Claim preclusion, standing alone, is not a bar to a subsequent suit by a defendant who chooses not to counterclaim in the first action.”
Est. of Rille Ex Rel. Rille v. Physicians Ins. Co., 2007 WI 36 (Wis. 2007). “See Wis. Stat. § 802.07 ; Wis. Stat. § 805.05 (2) (providing that "[t]he court, in furtherance of convenience or to avoid prejudice .”
City of Racine v. Waste Facility Siting Bd., 575 N.W.2d 712 (Wis. 1998). “, Wis. Stat. § 802.07 (counterclaims are claims brought by a defendant against a plaintiff); § 803.”
A.B.C.G. Enter., Inc. v. First Bank Se., N.A., 515 N.W.2d 904 (Wis. 1994). “ABCG argues that sec. 802.07(1), Stats., is a permissive counterclaim statute which allows a defendant to bring a counterclaim but does not require a defendant to do so.”
Menard, Inc. v. Liteway Lighting Prods., 2005 WI 98 (Wis. 2005). “§ 802.07(1) states in relevant part: "[a] defendant may counterclaim any claim which the defendant has against a plaintiff, upon which a judgment may be had in the action.”
Wisconsin Pub. Serv. Corp. v. Arby Constr., Inc., 2012 WI 87 (Wis. 2012). “This case does not require us to deal with the common-law compulsory counterclaim rule or the hypothetical possibility of a compulsory cross-claim rule.”
Jadair Inc. v. United States Fire Ins., 562 N.W.2d 401 (Wis. 1997). “See Wis. Stat. § 802.07 (1), (3). 5 The cross-claims dismissed were all based on the policy issued by U.”
Express Freight Lines, Inc. v. Kelly (In Re Express Freight Lines, Inc.), 130 B.R. 288 (Bankr. E.D. Wis. 1991). “07 allows a defendant to “counterclaim any claim which the defendant has against a plaintiff, upon which a judgment may be had in this action.” Here, Kelly would have had a right to damages under the lease.”
Sandra Remer v. Burlington Area Sch. Dist., Larry Anderson, William C. Campbell, 205 F.3d 990 (7th Cir. 2000). “and his mother (indeed, assuming that all three claim preclusion factors are otherwise present here), the question for us to resolve is whether, under Wisconsin law, the Remers’ federal claims needed to be brought as counterclaims against the School District as part of the state…”
Strassman v. Muranyi, 594 N.W.2d 398 (Wis. Ct. App. 1999). “Her claim also is not a cross-claim under § 802.07(3), Stats., because General Casualty is not a "co-party.”
Tridle v. Horn, 2002 WI App 215 (Wis. Ct. App. 2002). “§ 802.07(3) addresses cross-claims, and it clearly contemplates that, a pleading must be in place for a party to move the court to enter a default judgment against a co-party: (3) CROSS claim.”
Carolina Builders Corp. v. Dietzman, 2007 WI App 201 (Wis. Ct. App. 2007). “See Wis. Stat. § 802.07 (1) and (3) (2005-06) (a defendant counterclaims against a plaintiff; a pleading stating a claim against a co-party is a cross-claim).”
— Wis. Stat. § 802.07(1) — 10 cases
A.B.C.G. Enter., Inc. v. First Bank Se., N.A., 515 N.W.2d 904 (Wis. 1994). “ABCG argues that sec. 802.07(1), Stats., is a permissive counterclaim statute which allows a defendant to bring a counterclaim but does not require a defendant to do so.”
Wickenhauser v. Lehtinen, 2007 WI 82 (Wis. 2007). “[9] Claim preclusion, standing alone, is not a bar to a subsequent suit by a defendant who chooses not to counterclaim in the first action.”
Menard, Inc. v. Liteway Lighting Prods., 2005 WI 98 (Wis. 2005). “§ 802.07(1) states in relevant part: "[a] defendant may counterclaim any claim which the defendant has against a plaintiff, upon which a judgment may be had in the action.”
A.B.C.G. Enter., Inc. v. First Bank Se., N.A., 504 N.W.2d 382 (Wis. Ct. App. 1993).
Green Spring Farms v. Spring Green Farms Assocs. Ltd. P'ship, 492 N.W.2d 392 (Wis. Ct. App. 1992).
— Wis. Stat. § 802.07(3) — 3 cases
Strassman v. Muranyi, 594 N.W.2d 398 (Wis. Ct. App. 1999). “Her claim also is not a cross-claim under § 802.07(3), Stats., because General Casualty is not a "co-party.”
Tridle v. Horn, 2002 WI App 215 (Wis. Ct. App. 2002). “§ 802.07(3) addresses cross-claims, and it clearly contemplates that, a pleading must be in place for a party to move the court to enter a default judgment against a co-party: (3) CROSS claim.”
Wisconsin Pub. Serv. Corp. v. Arby Constr., Inc., 2011 WI App 65 (Wis. Ct. App. 2011).
— Wis. Stat. § 802.07(6) — 2 cases
Ladwig v. Ermanco Inc., 504 F. Supp. 1229 (E.D. Wis. 1981).
Grosskopf Oil, Inc. v. Winter, 457 N.W.2d 514 (Wis. Ct. App. 1990).
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