Small Claims Court in Wisconsin: How to File, Limits, Fees, and Collection
A practical filing-to-collection guide for Wisconsin consumers and small businesses who need to recover money or property without hiring a lawyer.
| Fact | Detail |
|---|---|
| Maximum claim | $10,000 for most money claims; $5,000 for personal injury or property damage (tort) claims |
| Filing fee | About $94.50 statewide, plus small county surcharges |
| Court | Circuit Court, Small Claims Division (Wis. Stat. Chapter 799) |
| Time to hearing | About 4 to 8 weeks from filing |
| Attorneys allowed? | Yes, but most parties appear without one |
| Deadline to sue on a written contract | 6 years from breach (Wis. Stat. § 893.43) |
| Service methods | Clerk certified mail, sheriff, private process server, substituted service, posting (evictions), publication (last resort) |
| Appeal window | 45 days (trial de novo from a commissioner uses Form SC-517) |
1. What is small claims court in Wisconsin?
Small claims court in Wisconsin is the Small Claims Division of the Circuit Court, governed by Chapter 799 of the Wisconsin Statutes. It hears money disputes up to $10,000, tort claims up to $5,000, evictions (no dollar cap), and certain replevin actions to get personal property back. Attorneys are allowed but not required. Most cases reach a first hearing in about 4 to 8 weeks.
The court is designed for people without lawyers. Procedure is simpler than the regular civil docket. Many initial hearings are run by a court commissioner instead of a judge. The judgment is binding and enforceable like any other court judgment.
Which court hears small claims cases in Wisconsin?
The court that hears small claims cases in Wisconsin is the Circuit Court for each county, in its Small Claims Division under Chapter 799. There are 72 circuit courts, one per county. Filings often go before a court commissioner first. Either side can demand a trial de novo (a brand-new trial) before a judge using Form SC-517.
How small claims differs from the regular civil docket
Small claims differs from the regular civil docket in four main ways. First, the dollar cap is lower: $10,000 for most money claims, $5,000 for tort claims. Second, the rules of evidence are relaxed, so unsworn documents and informal exhibits are often accepted. Third, pretrial discovery (depositions, interrogatories) is generally not allowed without court permission. Fourth, jury trials are not available in small claims unless a party properly demands one and pays the $72 jury fee, which moves the case off the small claims track.
Is small claims court the right forum for your case?
Small claims is the right forum if your claim is for money at or below $10,000 (or $5,000 for personal injury or property damage), if it asks to recover specific personal property worth $10,000 or less, or if it is an eviction or earnest money dispute. It is not the right forum for divorce, child custody, probate, real estate title disputes, injunctions, class actions, or workers' compensation claims.
2. Should you file in Wisconsin small claims?
You can file in Wisconsin small claims if (1) your claim is for money, possession, or specific personal property, (2) the amount fits the cap ($10,000 for most money claims, $5,000 for tort claims, $25,000 for replevin in consumer credit transactions), (3) the claim type is not excluded by Chapter 799, (4) Wisconsin has venue, and (5) you are old enough and mentally competent to bring the case.
Cases small claims can hear in Wisconsin
Cases small claims can hear in Wisconsin include unpaid invoices, breach of written or oral contracts, debt collection actions, security deposit disputes, bad check claims, property damage up to $5,000, personal injury up to $5,000, replevin (lawsuits to get a specific item back) up to $10,000 or up to $25,000 for financed consumer goods, evictions (no dollar cap), return of real estate earnest money (no dollar cap), and confirmation or vacatur of arbitration awards from 1-to-4-unit real estate transactions.
Cases small claims cannot hear in Wisconsin
Cases small claims cannot hear in Wisconsin include divorce, child custody, child support, probate and estate administration (claims against an estate must go through probate), real property title disputes (quiet title, foreclosure, boundary disputes), injunctions and other equitable relief, class actions, federal-exclusive matters (bankruptcy, patents, federal tax), criminal prosecutions, prisoner condition-of-confinement claims, and workers' compensation claims (the exclusive remedy is the administrative system).
Who can sue and who can be sued?
Anyone who sues or is sued in Wisconsin small claims must be old enough and mentally competent, or appear through a legal representative (guardian or guardian ad litem for minors and incapacitated adults). Businesses can sue and be sued under their registered legal name. Unlicensed contractors are barred from suing to collect for work that required a license. Suing a government body requires strict pre-suit notice under Wis. Stat. § 893.80 (local) or § 893.82 (state).
Debt buyers can sue but must plead and prove the chain of title for any purchased account. Courts scrutinize the assignment paperwork and the underlying account records. Thin documentation is a common reason debt-buyer cases lose.
What if you signed a contract with an arbitration clause?
If you signed a contract with an arbitration clause, Wisconsin courts will usually enforce it under the Federal Arbitration Act and the state's Uniform Arbitration Act. The small claims case will be stayed or dismissed, and you will have to arbitrate instead. Many consumer contracts include a carve-out that lets either side use small claims court. Read the clause carefully before filing.
There is no statewide cap on how many small claims you can file per year. But you cannot split a single claim into pieces to fit under the $10,000 limit. Claim splitting is prohibited.
3. How long do you have to sue? Statute of limitations in Wisconsin
In Wisconsin, you generally have 6 years to sue on a written or oral contract, 3 years for property damage or personal injury, 3 years for fraud (from when you discovered it), 2 years for unpaid wages, and 4 years for breach of warranty on goods. The clock starts on the date of breach or injury, or on the date you discovered the harm for fraud and latent damage. Miss the deadline and the case is dismissed, no matter how strong it is.
| Claim type | Limit | Statute | When the clock starts |
|---|---|---|---|
| Written contract | 6 years | Wis. Stat. § 893.43(1) | Date of breach |
| Oral contract | 6 years | Wis. Stat. § 893.43(1) | Date of breach |
| Open account | 6 years | Wis. Stat. § 893.43(1) | Date of last item or last payment |
| Promissory note | 6 years | Wis. Stat. § 893.43(1) | Due date, acceleration date, or demand |
| Property damage | 3 years | Wis. Stat. § 893.52 | Date of injury to property |
| Personal injury | 3 years | Wis. Stat. § 893.54(1m)(a) | Date of injury |
| Negligence | 3 years | Wis. Stat. § 893.54(1m)(a) | Date of negligent act or resulting injury |
| Fraud | 3 years | Wis. Stat. § 893.93(1m)(b) | Discovery of fraud |
| Consumer protection | 3 years | Wis. Stat. § 893.93(1m)(b) | Discovery of violation |
| Conversion | 6 years | Wis. Stat. § 893.51 | Date of wrongful taking |
| Trespass to chattels | 3 years | Wis. Stat. § 893.52 | Date of interference |
| Defamation | 3 years | Wis. Stat. § 893.57 | Date of publication |
| Breach of warranty (goods) | 4 years | Wis. Stat. § 402.725 | Tender of delivery |
| Bad check | 3 years | Wis. Stat. § 403.118 | Date check dishonored |
| Unpaid wages | 2 years | Wis. Stat. § 893.44(1) | Date wage was due |
| Final paycheck | 2 years | Wis. Stat. § 893.44(1) | Date final paycheck was due |
| Security deposit | 2 years | Wis. Stat. § 893.93(2) | 21 days after tenancy ends |
| Unjust enrichment (someone benefiting at your expense) | 6 years | Wis. Stat. § 893.43(1) | When benefit was conferred and kept |
When the clock pauses or resets in Wisconsin
The Wisconsin limitations clock pauses or resets in several situations. It pauses while the defendant is out of state under Wis. Stat. § 893.19. It pauses for plaintiffs under a disability (minors, mentally incapacitated adults), with limits on how long the extension lasts. The discovery rule applies to fraud and latent injury cases, so the clock starts when you knew or should have known. Fraudulent concealment by the defendant can pause the clock in fairness. A partial payment or a signed written acknowledgment of the debt restarts the 6-year contract clock.
What happens if you miss the deadline
If you miss the Wisconsin statute of limitations, the defendant can ask the court to dismiss the case and almost always wins. The deadline is a defense the defendant must raise. If they fail to raise it, the case can proceed, but most defendants do raise it. Always check the date of breach or injury before filing.
4. Before you file: demand letter and required notices
In Wisconsin, a demand letter is not required for most small claims, but judges expect to see one and it often gets paid without a lawsuit. Send it by certified mail with return receipt, give a clear deadline to pay (often 14 to 30 days), and keep proof. Some claim types do require specific pre-suit notices: bad checks need a 30-day demand, security deposits trigger a 21-day landlord notice rule, and suing a government body requires a 120-day notice of claim.
Do you need a demand letter in Wisconsin?
A demand letter in Wisconsin is not generally required by statute, but it is strongly recommended for two reasons. First, many defendants pay once a written demand spells out what you want and signals you are ready to sue. Second, judges read it as evidence you acted in good faith. For repeat filers like landlords or small businesses, vary the wording so each letter reads as written for that specific dispute.
What to include in a Wisconsin demand letter
A Wisconsin demand letter should include your name and the defendant's name and address, the exact amount you are demanding (itemized: principal, interest, fees), the basis for the claim (contract date, invoice number, check number, repair estimate), a deadline to pay or cure (commonly 14 to 30 days), and a statement that you will file in small claims court if not paid. Send by certified mail with return receipt and keep the green card.
Pre-suit notice for special claim types
Pre-suit notice in Wisconsin is required for several specific claims. For worthless checks under Wis. Stat. § 943.245, you must send a written demand (commonly by certified mail) and wait 30 days before suing for enhanced statutory damages. For security deposit claims, the landlord has 21 days after the tenant vacates to return the deposit or send an itemized list of deductions; failure can trigger double damages under Wis. Stat. § 100.20(5). For home construction defects, many claims require a 90-day written notice and right to cure to the contractor. For evictions, landlords must serve the proper 5-day pay-or-quit, 14-day repeat breach, or 28-day no-cause notice before filing.
How to sue a city or county in Wisconsin
To sue a city or county in Wisconsin, you must file a notice of claim under Wis. Stat. § 893.80 within 120 days of the event. To sue the State of Wisconsin, you must file a notice with the Attorney General under Wis. Stat. § 893.82, also within 120 days. The notice must describe the time, place, and circumstances of the injury and the relief sought. Missing the notice deadline generally bars the lawsuit. The exact mailing recipient varies by the government body you are suing, so confirm the address with that agency or the AG's office.
5. Identifying and naming the defendant correctly
Name the defendant exactly as they exist legally. A person is named by full legal name. A sole proprietor is named as the owner individually plus the DBA ("John Smith, d/b/a Smith Plumbing"). A corporation or LLC is named by its exact registered name as it appears in the Wisconsin Department of Financial Institutions (DFI) Corporate Records Search. Getting the name wrong is the single biggest reason small claims judgments cannot be collected.
How to find a business's legal name in Wisconsin
To find a business's legal name in Wisconsin, use the DFI Corporate Records Search at apps.dfi.wi.gov/apps/CorpSearch/Search.aspx. Search by business name to find the exact registered entity, its status (active or dissolved), and its registered agent (the person legally authorized to accept service). Print or screenshot the result before filing. If the entity is dissolved, you may need to sue the owners individually or pursue successor liability.
How to name an LLC or corporation
An LLC or corporation in Wisconsin is named by its exact registered name from the DFI database, with the proper suffix (LLC, Inc., Corp.). Examples: "Acme Plumbing, LLC" or "Northland Auto Sales, Inc." Do not use trade names or trademarks. Serve the registered agent at the address on file. Form SC-5110V is the Declaration of Service used for corporations and LLCs in non-eviction matters.
How to name a sole proprietor or DBA
A sole proprietor in Wisconsin is named by the owner's full legal name plus the trade name: "Jane Doe, d/b/a Jane's Cleaning Service." A DBA by itself is not a legal entity and cannot be sued alone. The judgment is enforceable against the individual owner. Look up the trade name in your county register of deeds or via DFI to confirm the real owner.
How to amend if you discover the wrong name after filing
If you discover the wrong name after filing, you can ask the court for leave to file an amended summons and complaint. The eFiling system supports amendments through the standard motion process. If the wrong party has already been served, the new party must be served fresh. If you only learn the error at the hearing, ask the commissioner or judge for permission to correct it on the record, and prepare to re-serve.
6. The forms you need to file in Wisconsin
Wisconsin requires one main form to start a small claims case: the SC-500 Summons and Complaint. The clerk also issues a hearing notice. If you cannot afford the filing fee, file the CV-410A Petition for Waiver of Court Fees and Costs. All forms are free at wicourts.gov as fillable PDFs and can be eFiled through efiling.wicourts.gov.
| Form code | Name | Purpose | Filed by | Link |
|---|---|---|---|---|
| SC-500 | Summons and Complaint (Small Claims) | Starts the case | Plaintiff | wicourts.gov |
| SC-500I | Summons and Complaint with Instructions | Self-help version | Plaintiff | wicourts.gov |
| SC-5120V | Declaration of Service (Individual/Sole Prop./Partnership) | Proof of personal service | Plaintiff/server | wicourts.gov |
| SC-5110V | Declaration of Service (Corporation/LLC) | Proof of personal service on entity | Plaintiff/server | wicourts.gov |
| SC-5130V | Declaration of Mailing | Proof of mail service | Clerk/plaintiff | wicourts.gov |
| SC-517 | Demand for Trial (Trial de Novo) | New trial before judge after commissioner ruling | Either party | wicourts.gov |
| SC-515A | Motion to Reopen / Vacate Default | Defendant asks court to set aside default | Defendant | wicourts.gov |
| SC-506A | Order for Financial Disclosure | Orders debtor to disclose finances | Issued by court | wicourts.gov |
| SC-506B | Financial Disclosure Statement | Debtor's asset/income disclosure | Judgment debtor | wicourts.gov |
| SC-507A | Motion for Hearing on Contempt | Enforces disclosure order | Creditor | wicourts.gov |
| GF-115 | Execution Against Property | Writ to seize non-exempt property | Creditor | wicourts.gov |
| GF-126 | Subpoena (Witness) | Compels witness attendance | Either party | wicourts.gov |
| GF-175 | Affidavit re: Military Service (SCRA) | Required before default judgment | Plaintiff | wicourts.gov |
| CV-410A | Petition for Waiver of Court Fees | Asks court to waive filing fee | Plaintiff/defendant | wicourts.gov |
| CV-410B | Order on Petition for Waiver | Court's ruling on the waiver | Court | wicourts.gov |
| SC-301 | Summons and Complaint (Non-Earnings Garnishment) | Starts bank levy | Creditor | wicourts.gov |
| SC-518 | Garnishee Answer (Earnings) | Employer answers wage garnishment | Garnishee employer | wicourts.gov |
| SC-514 | Writ of Replevin | Orders sheriff to seize specific property | Creditor | wicourts.gov |
Which forms open the case?
The forms that open a Wisconsin small claims case are the SC-500 Summons and Complaint (or the SC-500I version with instructions). You fill in the parties, state the amount, briefly describe the claim, and sign. The clerk schedules the return date and issues the summons. That is it. Wisconsin does not require a separate complaint document on top of the SC-500.
Which forms does the defendant file?
The forms the defendant files in Wisconsin are usually a written Answer (no required statewide form; some counties supply a local answer form) or, if a default has already been entered, the SC-515A Motion to Reopen. Defendants who deny the claim typically appear on the return date and state their position; many counties allow a verbal answer that day.
How to fill out the Wisconsin claim form
To fill out the Wisconsin claim form, you complete the SC-500 with your full name and address (as plaintiff), the defendant's full legal name and address, the amount you are asking for (no more than $10,000 for money, $5,000 for tort), a brief description of why the defendant owes you (one to three sentences), and your signature. Attach key documents if you wish, though most evidence comes in at the hearing.
What if you can't afford the filing fee?
If you can't afford the Wisconsin filing fee, you file the CV-410A Petition for Waiver of Court Fees and Costs. You qualify if your household income is at or below about 125% of the federal poverty level, or if you receive need-based public benefits like Medicaid (Medical Assistance), FoodShare, Supplemental Security Income (SSI), or Temporary Assistance for Needy Families (TANF) / W-2. The court rules on the petition using Form CV-410B.
7. Where to file, and how (in person, mail, e-file)
File in the Wisconsin county Circuit Court that has a substantial connection to the dispute: where the defendant lives, where the contract was signed or performed, where the events happened, or, for evictions, where the property is. You can file in person, by mail, through a courthouse drop box, by fax in some counties, or online through Wisconsin eFiling at efiling.wicourts.gov. Counties typically set the first hearing 4 to 8 weeks out.
Which county do you file in?
The county you file in is the county with a substantial connection to the case. For consumer disputes and contract claims, that usually means where the defendant lives or where the deal happened. For business defendants, you can sue where the registered agent is or where the principal place of business is. For evictions, you must file in the county where the rental property sits.
How to file in Wisconsin small claims
To file in Wisconsin small claims you can: bring the completed SC-500 and filing fee to the Clerk of Circuit Court in person, mail it (with payment) to that office, drop it in the courthouse filing box where available, fax it where the county allows, or eFile at efiling.wicourts.gov. eFiling is mandatory for attorneys but optional and encouraged for self-represented filers.
How to e-file in Wisconsin
To e-file in Wisconsin, create an account at efiling.wicourts.gov. Upload your SC-500 as a PDF. Pay the filing fee online (county-dependent; some accept credit or debit cards). The eFiling system timestamps your submission, but the clerk may reject filings that have technical problems, in which case you re-submit. The Wisconsin eFiling help center at efilinghelp.zendesk.com walks through each step, including how to file an amended summons and complaint.
What happens if you file in the wrong county?
If you file in the wrong county in Wisconsin, the defendant can ask the court to transfer or dismiss the case for improper venue. The court may transfer the case to the right county or dismiss it without prejudice, meaning you can refile correctly. Either way, you lose time and possibly part of your filing fee. Check venue before you file.
8. Filing fees, service fees, and fee waivers in Wisconsin
Filing fees in Wisconsin small claims are about $94.50 statewide, set by statute, plus small county surcharges of about $5 to $15 for law library, security, or local programs. Sheriff service runs about $40 per defendant. Clerk-assisted certified mail runs around $8. Post-judgment garnishment filings cost about $20. A jury demand fee is $72. If you cannot afford the fees, file the CV-410A waiver.
| Claim amount | Filing fee | Notes |
|---|---|---|
| Any small claims money claim (up to $10,000) | ~$94.50 | Plus small county surcharges; exact totals vary by county |
| Post-judgment garnishment (earnings or non-earnings) | ~$20 | Lower fee for enforcement actions |
| Jury demand | $72 | Generally not used in small claims; demand moves case off the small claims track |
| Service method | Cost | When to use |
|---|---|---|
| Clerk certified mail | ~$8 | Default for most small claims (not evictions) |
| Sheriff personal service | ~$40 | When mail fails or for evictions |
| Private process server | ~$50 (varies) | Faster, when you want to control timing |
| Substituted service (leave with adult + mail) | ~$40 | When defendant is rarely home |
| Posting (nail-and-mail) | ~$5 plus court order | Eviction last-resort method |
| Publication | ~$60 (varies by newspaper) | True last resort, requires affidavit of due diligence |
How much does it cost to file in Wisconsin?
Filing a Wisconsin small claims case costs about $94.50 in statewide fees plus small county-by-county surcharges, typically $5 to $15. The exact total depends on the county where you file. Counties may also charge a small fee for accepting credit card payments. The fee is the same whether you sue for $200 or $10,000.
How much does service cost?
Service in Wisconsin costs about $8 for clerk-assisted certified mail, about $40 for sheriff personal service per defendant, and about $50 for a private process server. Sheriff fees vary by county. Publication, used only as a last resort, costs about $60 depending on the newspaper and number of insertions. Out-of-state personal service costs more because of longer notice requirements.
Can you get the filing fee waived?
You can get the Wisconsin filing fee waived by filing Form CV-410A Petition for Waiver of Court Fees and Costs. You qualify if your income is at or below about 125% of the federal poverty line, or if you receive Medicaid (Medical Assistance), FoodShare (SNAP equivalent), SSI, or Temporary Assistance for Needy Families (TANF / W-2) benefits. The court rules using Form CV-410B. The waiver covers filing and service fees if granted.
Are filing fees recoverable if you win?
Filing fees in Wisconsin are recoverable if you win. The court adds your filing fee, service fees, statutory witness fees and mileage, and any publication costs to the judgment as costs. Attorney's fees are recoverable only where a statute or contract authorizes them (more on this in Section 13).
9. Serving the defendant in Wisconsin
Wisconsin allows six methods to serve a small claims defendant: personal service by the sheriff or process server, clerk-assisted certified mail with return receipt, private process server, substituted service (leaving with a competent adult at the home plus mailing), posting (mainly for evictions), and publication as a last resort. Service must usually be completed at least 7 to 8 days before the return date. Proof of service must be filed before the case can proceed.
| Method | Allowed | Cost | When to use |
|---|---|---|---|
| Personal service (sheriff or process server) | Yes | ~$40 sheriff; ~$50 private | Strongest method; required for evictions |
| Certified mail (clerk-assisted) | Yes | ~$8 | Default for non-eviction small claims |
| Private process server | Yes | ~$50 | Faster, more control |
| Substituted service | Yes | ~$40 | Defendant rarely home; competent adult accepts |
| Posting (nail-and-mail) | Yes (mostly evictions) | ~$5 plus court order | Eviction after other attempts fail |
| Publication | Yes | ~$60 | Last resort after diligent search |
Service by sheriff or constable
Service by sheriff in Wisconsin is the strongest and most-used method when certified mail fails or for evictions. The sheriff personally hands the summons to the defendant and files a return of service. Cost runs about $40 per defendant; exact county fees vary. Allow at least 7 days before the return date for the sheriff to complete service.
Service by certified mail
Service by certified mail in Wisconsin is the default option for most non-eviction small claims. The clerk mails the summons by certified mail with return receipt. Service is valid if the defendant signs the green card. If the envelope comes back "unclaimed" or "refused," mail service has failed and you must arrange personal service. Cost is about $8. File the SC-5130V Declaration of Mailing.
Service by private process server
Service by a private process server in Wisconsin requires that the server be a competent adult who is not a party to the case. Any non-party adult can serve. Private servers typically charge about $50 and provide a signed Declaration of Service (SC-5110V or SC-5120V). They are useful when you want faster turnaround than the sheriff's office can offer.
Court-ordered alternate or substituted service
Court-ordered alternate service in Wisconsin is allowed when standard service has failed despite diligent efforts. Substituted service, on the other hand, is allowed without a court order: leave the summons with a competent adult at the defendant's usual home and mail a copy to the same address. Use SC-5120V to document it. For deeper alternatives like posting outside an eviction context, you need a court order based on an affidavit showing your attempts.
Service by publication
Service by publication in Wisconsin is a last resort that requires you to first show diligent efforts to find and serve the defendant. The court must authorize it. Publication runs once a week for three consecutive weeks in an official county newspaper. The newspaper provides an affidavit of publication. Cost runs about $60 and up. Default judgments after publication are vulnerable to being reopened if the defendant later shows they could have been found.
What if the defendant refuses or evades service?
If the defendant refuses or evades service in Wisconsin, document every attempt with dates, times, and addresses. A sheriff or process server can prepare an affidavit of due diligence. Then ask the court to authorize substituted service, posting, or publication. Evading service is not a defense; it just delays the case and adds cost, which is recoverable if you win.
Serving a military defendant
To serve a military defendant in Wisconsin, you must follow the regular service rules plus the Servicemembers Civil Relief Act (SCRA). Before the court can enter a default judgment, you must file Form GF-175 Affidavit re: Military Service confirming whether the defendant is on active duty. If they are, the court may stay (pause) the case to give them time to respond.
10. The defendant's response
After service, the defendant in Wisconsin must appear or respond by the return date listed on the summons. Many defendants simply show up on the return date and either dispute the claim or work out a payment plan with the plaintiff. A defendant can also file a counterclaim. If the counterclaim exceeds $10,000 (or $5,000 for tort claims), the case may be transferred to the regular civil docket. If the defendant fails to appear or respond, the plaintiff can ask for a default judgment.
How long does the defendant have to respond?
The defendant in Wisconsin has until the return date on the summons to appear. The return date is set by the clerk when you file, usually 4 to 8 weeks out. The defendant can appear in person, file a written answer with the court, or, in some counties, contact the court to enter a denial. Failure to appear or respond opens the door to default judgment.
What goes in the answer?
A Wisconsin Answer must include the case name and number, the defendant's response to each claim (admit, deny, or no knowledge), any defenses (such as statute of limitations, payment, or fraud), and any counterclaim. Many small claims defendants give a verbal answer on the return date instead of filing a written one. Counties differ on this practice; check the local clerk's instructions.
Can the defendant counterclaim?
The defendant can counterclaim in Wisconsin by stating their claim against the plaintiff at or before the return date. The counterclaim must arise from a related dispute. There is a filing fee for counterclaims in most counties. Third-party claims are limited to $5,000 in small claims, consistent with the tort cap.
What if the counterclaim exceeds the small claims cap?
If the counterclaim exceeds the Wisconsin cap ($10,000 money or $5,000 tort), the case is generally transferred to the regular civil docket. The plaintiff cannot keep it in small claims by ignoring the excess. Alternatively, the counterclaiming defendant can waive the excess and keep the case in small claims. Plan ahead: filing in small claims against a defendant with a likely large counterclaim may push your whole case into a more formal forum.
11. Preparing for and attending the hearing
Wisconsin small claims hearings happen about 4 to 8 weeks after filing. They are informal proceedings, often before a court commissioner first. Bring at least three copies of every exhibit: one for the judge or commissioner, one for the other side, and one for you. Have a 2 to 3 minute summary of your case ready. The commissioner often rules from the bench or shortly after. Either party can demand a trial de novo before a judge using Form SC-517.
When does your hearing happen?
Your Wisconsin small claims hearing happens on the return date the clerk sets at filing, typically 4 to 8 weeks out. Timing varies by county and local backlog. The return date may itself be the trial date in many counties, while in others the return date is for entering a denial and the trial is scheduled later. Read your summons carefully.
How to prepare your case
To prepare your Wisconsin small claims case, build a tight timeline of what happened: dates, dollar amounts, and named people. Print at least three paper copies of every document (contracts, invoices, photos, texts, emails). Wisconsin commissioners prefer paper exhibits to phone screens. Write a 2 to 3 minute opening summary that hits the key facts. Bring witnesses with personal knowledge, and know how to calculate your damages.
For evidence to be admitted easily, organize it chronologically and label each exhibit (Exhibit A, B, C). For texts and emails, print them showing date, time, and sender. For photos, label the date and place. For recordings, know that Wisconsin is a one-party consent state for audio recordings, so recordings you made of conversations you were part of are generally admissible.
What evidence is admissible in Wisconsin?
Evidence admissible in Wisconsin small claims includes contracts, invoices, receipts, photos, texts, emails, repair estimates, and witness testimony. Hearsay rules are relaxed: the commissioner may accept hearsay if no one objects, but unreliable hearsay can be excluded. Authenticate documents by having a witness identify them. Electronic signatures and electronically signed contracts are generally enforceable under Wisconsin's adoption of the Uniform Electronic Transactions Act (UETA).
Expert testimony is handled informally in small claims. There is no formal qualification process. A repair estimate from a mechanic, a medical bill from a doctor, or a contractor's quote can usually be presented as evidence, often with the writer's signed letter attached.
How to subpoena a witness
To subpoena a witness in Wisconsin, you obtain Form GF-126 Subpoena from the clerk, fill it out, and pay the witness fee and mileage. The subpoena must be personally served on the witness, usually by the sheriff or a private server, well before the hearing. Plan at least 1 to 2 weeks of lead time. A subpoenaed witness who does not appear can be ordered to show why they should not be held in contempt.
Can you appear by phone or video?
Phone or video appearance in Wisconsin small claims is allowed in many counties, but availability is not uniform statewide. Contact the clerk before your hearing date to request remote appearance. Many county circuit courts use Zoom for small claims after the pandemic. Some still require in-person appearance. Get the court's written confirmation of any remote appearance to avoid being defaulted.
Continuances and what happens if you can't attend
A continuance in Wisconsin small claims is discretionary, granted only for good cause. Request it in writing as early as you can. Last-minute emergencies require an immediate phone call to the clerk plus written follow-up. If the plaintiff does not appear, the case is usually dismissed without prejudice (you can refile). If the defendant does not appear, the plaintiff can request a default judgment. If neither side appears, the case is dismissed.
Dress neatly, arrive at least 15 minutes early, and address the judge or commissioner as "Your Honor." Bring all your originals and copies. Speak when spoken to. Stick to facts, not feelings.
12. Mediation, interpreters, and ADA accommodations
Wisconsin offers free court-affiliated mediation in many counties, often on the day of the first hearing. Interpreters are available in Spanish, Hmong, Mandarin, Arabic, Somali, American Sign Language (ASL), and other languages by arrangement. Request one from the clerk as early as possible (allow at least 10 days lead time when you can). ADA accommodations such as wheelchair access, assistive listening devices, large print, and extra time are arranged through the courthouse ADA coordinator.
Is mediation available in Wisconsin small claims?
Mediation in Wisconsin small claims is widely available and usually free. Many counties offer same-day mediation on the return date, either through court-affiliated mediators or community dispute resolution centers. Mediation is voluntary. If you reach a settlement, the parties sign a stipulation and file it with the court. If mediation fails, the case goes to the judge or commissioner the same day or on a later date.
How to request a court interpreter
To request a court interpreter in Wisconsin, you notify the Clerk of Circuit Court as early as possible, ideally at filing or when you receive the summons. You can indicate the language needed on your forms or send a separate written request. The court schedules a certified interpreter or telephonic service. Allow at least 10 days lead time when possible. Interpreter service is provided at no cost to the party.
How to request an ADA accommodation
To request an ADA accommodation in Wisconsin, contact the Clerk of Circuit Court or the courthouse ADA coordinator in writing as early as possible. Phone or email works in most counties. Common accommodations include wheelchair-accessible courtrooms, assistive listening devices, sign-language interpreters, large-print documents, and extra time for hearings. Make the request well before your hearing date so the court has time to arrange it.
13. What you can recover (and statutory damages multipliers)
If you win in Wisconsin small claims, you can recover the underlying damages, court costs (filing fee, service fee, witness fees, publication costs), and post-judgment interest. Pre-judgment interest is commonly applied at 5% per year for liquidated money claims where no contract rate controls. Post-judgment interest in Wisconsin runs at 1% plus the prime rate, so the exact percent varies with prime. Attorney's fees are recoverable only where a statute or contract allows. Several Wisconsin statutes provide damages multipliers.
| Claim type | Multiplier or formula | Conditions | Statute |
|---|---|---|---|
| Wrongful withholding of security deposit | 2x damages | Landlord violated ATCP security deposit rules | Wis. Stat. § 100.20(5) |
| Bad check (worthless check) | Up to 3x check amount | 30-day statutory demand served and unpaid | Wis. Stat. § 943.245 |
| Willful failure to pay wages | 1.5x wages (50% liquidated penalty) | Employer willfully failed to pay | Wis. Stat. § 109.11(2) |
| Lemon law (motor vehicle) | 2x pecuniary loss | Manufacturer failed to refund or replace | Wis. Stat. § 218.0171(7) |
| Wisconsin Consumer Act violations | Up to 2x finance charge (varies) | Specific WCA subsection violated; attorney fees also available | Wis. Stat. § 425.305 |
| Willful theft, conversion, or fraud | Up to 3x damages | Discretionary; willful or malicious property crime | Wis. Stat. § 895.446(3) |
| Civil shoplifting recovery | Retail value plus penalty (formula) | Merchant action | Wis. Stat. § 943.51 |
What costs are recoverable in Wisconsin?
Costs recoverable in Wisconsin include your filing fee, sheriff or process server fees, certified mail costs, statutory witness fees and mileage, and publication costs if used. The court adds these to your judgment as costs. Keep receipts for everything. The court will not award costs you cannot document.
How does interest work on Wisconsin judgments?
Interest on Wisconsin judgments runs at a rate of 1% above the prime rate, set by statute. Because prime changes, the post-judgment interest rate moves with it. Pre-judgment interest is commonly applied at 5% per year on liquidated (fixed-amount) money claims where no contract rate controls. If your contract specifies a rate (such as 18% on an invoice), the court will usually enforce that rate up to the judgment date.
When can you recover attorney's fees?
Attorney's fees in Wisconsin small claims are recoverable when a statute or contract specifically allows them. Examples include Wis. Stat. § 100.20 (some consumer protection matters), Wis. Stat. § 109.11 (wage cases), Wis. Stat. § 425.305 (Wisconsin Consumer Act), and contracts with valid fee-shifting clauses. You also must have actually had a lawyer; pro se filers cannot recover attorney's fees for their own time.
Statutory damages multipliers in Wisconsin
Wisconsin statutes that multiply damages in small claims include § 100.20(5) (double damages for security deposit withholding), § 943.245 (up to triple damages for bad checks), § 218.0171 (double pecuniary loss under the Lemon Law), § 895.446 (up to triple damages for willful theft and conversion), and § 109.11 (50% penalty on unpaid wages). To get a multiplier, you usually must plead and prove the specific statutory conditions and follow any required pre-suit notice.
14. Getting a default judgment when the defendant doesn't respond
If the defendant in Wisconsin doesn't appear at the return date or file an answer, you can ask for a default judgment. File the GF-175 SCRA affidavit confirming the defendant is not on active military duty, then ask the court (often that same day) to enter judgment for the amount claimed. If your damages are not a fixed sum, the court will hold a brief prove-up hearing where you present evidence of the amount.
When can you ask for a default judgment in Wisconsin?
You can ask for a default judgment in Wisconsin after the return date passes without the defendant appearing or filing an answer, provided service of process was proper and proof of service is on file. Most courts will entertain the default request on the return date itself.
What you file to get a default
To get a default in Wisconsin, you file proof of service (SC-5110V, SC-5120V, or SC-5130V depending on method), the GF-175 Affidavit re: Military Service, and a request for default judgment. If damages are not liquidated (no fixed dollar amount in a contract or invoice), be ready to present documents and brief testimony to prove the amount.
Can the defendant vacate a default in Wisconsin?
A defendant can vacate a Wisconsin default by filing Form SC-515A Motion to Reopen Small Claims Judgment within statutory time limits, generally within about 20 days for many grounds (the time and grounds depend on the basis: lack of notice, excusable neglect, fraud). The defendant must show a good reason for missing the return date and a meritorious defense. Courts grant these motions where the defendant moves quickly and has a real defense.
15. Appealing a small claims judgment in Wisconsin
In Wisconsin, appeal works differently depending on who decided the case. If a court commissioner decided it, either party can demand a trial de novo (a brand-new trial before a circuit court judge) by filing Form SC-517 within the statutory window. If a circuit court judge decided it, the losing party can appeal to the Wisconsin Court of Appeals within 45 days. An appeal does not automatically stop collection.
Who can appeal and when?
Either party in Wisconsin small claims can appeal within strict deadlines. To demand a trial de novo from a commissioner's decision, file SC-517 promptly under Wis. Stat. § 799.21. To appeal a judge's small claims judgment to the Court of Appeals, file the notice of appeal within 45 days.
What kind of appeal is it?
An appeal in Wisconsin small claims is either a brand-new trial (trial de novo) if it goes from a commissioner to a judge, or a review of the existing record if it goes from a judge to the Court of Appeals. A trial de novo means you start over: new evidence, new arguments, new ruling. A Court of Appeals review looks only at legal errors in the existing record.
What does an appeal cost?
An appeal in Wisconsin costs the trial de novo demand filing fee (varies by county; relatively modest) for a trial de novo from a commissioner. An appeal to the Court of Appeals costs more: filing fees, possible transcript costs, and a brief that must comply with appellate rules. Attorneys are not required but are more common at the Court of Appeals level.
Does an appeal stop collection?
An appeal stops collection in Wisconsin when the appealing party posts an appeal bond or the court orders a stay. Without a bond or stay order, the winning party can begin collecting. If you are appealing and want collection paused, request a stay and be prepared to post the bond the court sets.
16. Collecting your judgment in Wisconsin
Winning is half the battle. Wisconsin does not collect the judgment for you. After the appeal window closes, you can use the post-judgment financial disclosure system, get a writ of execution, garnish wages up to 20% of disposable earnings, levy bank accounts, dock the judgment as a real estate lien, and bring contempt proceedings if the debtor ignores court orders. Wisconsin judgments are valid for 10 years and renewable.
16.1 Wait for the appeal window to close
The appeal window in Wisconsin is 45 days for an appeal to the Court of Appeals; the trial de novo demand window from a commissioner ruling is shorter under Wis. Stat. § 799.21. Most creditors wait until the window closes before launching collection so they do not face a stay or reversal. You can begin financial disclosure steps immediately after judgment, but actual seizure typically waits.
16.2 Get an abstract or certificate of judgment
An abstract of judgment in Wisconsin is created by docketing the judgment with the Clerk of Circuit Court. The judgment, once docketed, creates a lien on real estate the debtor owns in that county. To create a lien in other counties where the debtor has property, get a certified copy and file (transcribe) it with the clerk in each of those counties. The lien attaches to non-exempt real estate equity.
16.3 Writ of execution
A writ of execution in Wisconsin authorizes the sheriff to seize and sell non-exempt personal property of the debtor to satisfy the judgment. File Form GF-115 Execution Against Property with the court, then deliver the writ to the sheriff in the county where the debtor's property sits. The sheriff levies on cars (above the exemption), business equipment, and other non-exempt assets. Sheriff fees apply.
16.4 Wage garnishment
Wage garnishment in Wisconsin is allowed up to 20% of the debtor's disposable earnings, with additional state-law poverty protections that can reduce or eliminate the garnishment for low-income debtors. File an earnings garnishment with the court (post-judgment filing fee around $20), serve the debtor and the employer (garnishee). The employer answers using Form SC-518. Each garnishment runs for 13 weeks; you must refile to continue. Only one consumer-wage garnishment may be in effect at a time for consumer debt.
16.5 Bank levy or account garnishment
A bank levy in Wisconsin works by filing a non-earnings garnishment (Form SC-301) against the debtor's bank as the garnishee. Serve the bank and the debtor. The bank answers (Form SC-302) and freezes funds up to the judgment amount. The debtor can claim exemptions using Form SC-303. Non-earnings garnishment captures only funds on hand at the time of service; it is a one-time snapshot, not a continuing levy.
16.6 Debtor's examination
A debtor's examination in Wisconsin is an automatic post-judgment step. The court issues Form SC-506A Order for Financial Disclosure, and the debtor must complete Form SC-506B Financial Disclosure Statement within 15 days. If the debtor does not comply, you can file Form SC-507A Motion for Hearing on Contempt. The court can compel the debtor to appear, answer questions under oath, and produce records. Persistent refusal can lead to jail for contempt.
16.7 Satisfaction of judgment
A satisfaction of judgment in Wisconsin is filed when the debtor has paid in full. Wisconsin requires the creditor to file the satisfaction promptly once the judgment is paid. Failure can expose the creditor to liability. The satisfaction removes the lien from the debtor's real estate and clears the docket.
16.8 Judgment renewal
A Wisconsin judgment is valid for 10 years and renewable by filing a renewal action before the original 10-year period expires. If you let it lapse, you lose the ability to enforce it. Renewal extends the judgment for another period and preserves the lien. Calendar the deadline the day you win.
16.9 Collecting from an out-of-state debtor (UEFJA)
To collect from an out-of-state debtor, you domesticate the judgment by following Wisconsin's version of the Uniform Enforcement of Foreign Judgments Act (UEFJA), or you take your Wisconsin judgment to another state and do the reverse there. Obtain an authenticated copy of the judgment, file it with the Clerk of Circuit Court in a Wisconsin county where the debtor has assets or resides, and pay the docketing fee. The clerk notifies the debtor, who has a statutory period to contest.
16.10 What's exempt from collection in Wisconsin
Wisconsin protects the following property from collection through robust statutory exemptions. Some are dollar-capped, others are unlimited.
| Category | Amount exempt | Statute | Notes |
|---|---|---|---|
| Homestead (primary residence) | Up to $75,000 equity | Wis. Stat. § 815.20(1) | Owner-occupied principal residence |
| Motor vehicle | Up to $4,000 equity | Wis. Stat. § 815.18(3)(g) | One vehicle |
| Tools of trade / business equipment | Up to $15,000 | Wis. Stat. § 815.18(3)(b) | Used in debtor's trade or business |
| Household goods and personal items | Up to $12,000 aggregate | Wis. Stat. § 815.18(3)(d) | Furniture, appliances, clothing |
| Jewelry and keepsakes | Up to $1,500 aggregate | Wis. Stat. § 815.18(3)(d) | |
| Wildcard (when homestead not used) | $5,000 against any property | Wis. Stat. § 815.18(3)(bm) | Only if homestead exemption is not claimed |
| Life insurance cash value | Up to $150,000 | Wis. Stat. § 815.18(3)(f) | Additional protections for spouse/child beneficiaries |
| Retirement accounts (IRAs, 401(k), pensions) | Generally fully exempt | Wis. Stat. § 815.18(3)(j) | Tax-qualified plans |
| Social Security / SSI | Fully exempt | 42 U.S.C. § 407 | Federal protection |
| Veterans' benefits | Fully exempt | 38 U.S.C. § 5301 | Federal protection |
| Unemployment compensation | Fully exempt | Wis. Stat. § 108.13(2) | |
| Worker's compensation | Fully exempt | Wis. Stat. § 102.27(1) | |
| Child support received | Fully exempt | Wis. Stat. § 815.18(3)(h) | Funds in recipient's hands |
A bankruptcy filing by the debtor triggers an automatic stay under 11 U.S.C. § 362, halting all state-court collection. Discharge in bankruptcy may wipe out the underlying debt. Judgment liens on exempt homestead can sometimes be avoided in bankruptcy. If you learn the debtor filed bankruptcy, stop all collection immediately and consult a lawyer if any amount is significant.
Use the defendant collectability signals to decide whether collection is worth the effort: stable employment with regular payroll deposits, ownership of real property, vehicles with equity above $4,000, business receivables, and absence of large exempt income streams. A debtor whose only income is Social Security or unemployment may be effectively judgment-proof.
17. State-specific quirks and pitfalls in Wisconsin
Wisconsin has several rules that surprise filers: the automatic post-judgment financial disclosure requirement, the 120-day notice of claim deadline for suing any government body, the special $25,000 small claims cap for consumer-credit replevin, and the lower $5,000 tort sublimit. Knowing them up front prevents wasted filings and lost cases. The most consequential is the 120-day government notice deadline, because missing it permanently bars the claim.
Automatic financial disclosure post-judgment. Wisconsin is unusual in requiring the judgment debtor to complete Form SC-506B within 15 days of judgment, without the creditor having to ask. Failure to comply can trigger contempt under SC-507A. Use this rule to your advantage as a creditor.
Two-tier dollar caps. The general small claims cap is $10,000, but tort claims (personal injury, property damage) are capped at $5,000. Third-party claims are capped at $5,000. Replevin for consumer-credit goods (a financed car, for example) goes up to $25,000.
Eviction has no dollar cap. Eviction actions for possession proceed in small claims regardless of how much rent is owed. The money judgment portion still has to fit within the cap, but possession does not.
Bad check 30-day demand. To get up to 3x damages under Wis. Stat. § 943.245 for a worthless check, you must send a written demand and wait 30 days before suing. Skip the demand and you forfeit the multiplier.
Security deposit 21-day rule. Landlords have 21 days after the tenant vacates to return the security deposit or send an itemized list of deductions. Wrongful withholding can produce double damages under Wis. Stat. § 100.20(5).
Wage garnishment cap and 13-week rule. Wisconsin caps garnishment at 20% of disposable earnings, with poverty protections that can reduce it further. Each garnishment runs only 13 weeks; you must refile to keep it going. Only one consumer-wage garnishment can be in effect at a time.
Discovery is restricted in small claims. Routine pretrial discovery (depositions, interrogatories) is generally not allowed in small claims without court permission. Evidence must come in at the hearing itself. Build your case before you file, not after.
Claim splitting is prohibited. You cannot split one cause of action into multiple small claims cases to evade the cap. Do that and the cases get consolidated or dismissed.
Debt buyers face scrutiny. Wisconsin courts examine whether debt buyers have actually proven the chain of assignments and the underlying account. Thin paperwork is a frequent reason debt-buyer claims fail at the hearing.
Mandatory e-filing for attorneys. Attorneys must e-file statewide. Self-represented filers may still file on paper but are encouraged to use efiling.wicourts.gov.
18. Sources and citations
- Small Claims, Wisconsin Court System Self-Help. wicourts.gov/services/public/selfhelp/smallclaims.htm. Cited for: general small claims jurisdiction and Chapter 799 overview.
- Circuit Court Procedures, Wisconsin Court System. wicourts.gov/services/public/selfhelp/procedures.htm. Cited for: use of court commissioners and circuit court structure.
- Wis. Stat. § 799.01 (FindLaw). codes.findlaw.com/wi/civil-procedure-ch-799-to-847/wi-st-799-01.html. Cited for: statutory small claims categories including evictions.
- Wisconsin DATCP Small Claims Court Consumer Guide. datcp.wi.gov/Pages/Publications/SmallClaimsCourt173.aspx. Cited for: practical descriptions of small claims scope, caps, and replevin in consumer-credit cases.
- Wisconsin Law Library blog: small claims limits. blog.wilawlibrary.gov/2011/07/new-small-claims-limits.html. Cited for: history of the $10,000 cap.
- Wis. Stat. § 893.19 (Justia). law.justia.com/codes/wisconsin/chapter-893/section-893-19. Cited for: tolling for out-of-state defendants.
- Wis. Stat. § 893.43 (FindLaw). codes.findlaw.com/wi/limitation-of-actions-ch-893/wi-st-893-43.html. Cited for: 6-year contract statute of limitations.
- Form SC-500 Summons and Complaint. wicourts.gov/formdisplay/SC-500.pdf. Cited for: small claims initiating form.
- Form SC-506A Order for Financial Disclosure. wicourts.gov/formdisplay/SC-506A.pdf. Cited for: post-judgment disclosure requirement.
- Form GF-115 Execution Against Property. wicourts.gov/formdisplay/GF-115.pdf. Cited for: writ of execution process.
- Wis. Stat. § 799.21. wi.elaws.us/statutes/799.21. Cited for: trial de novo and jury demand rules.
- Wis. Stat. § 893.93. law.justia.com/codes/wisconsin/2025/chapter-893/section-893-93.html. Cited for: 3-year fraud/consumer protection statute of limitations.
- Wisconsin DFI Corporate Records Search. apps.dfi.wi.gov/apps/CorpSearch/Search.aspx. Cited for: business entity lookups.
- Wisconsin eFiling Help. efilinghelp.zendesk.com. Cited for: eFiling procedures and amended filings.
19. Frequently asked questions
What is the maximum amount you can sue for in Wisconsin small claims court?
The maximum amount you can sue for in Wisconsin small claims court is $10,000 for most money claims, including contracts and debts. Personal injury and property damage (tort) claims are capped at $5,000. Replevin for consumer-credit transactions goes up to $25,000 when the financed amount qualifies. Evictions have no dollar cap for possession.
How much does it cost to file a small claims case in Wisconsin?
Filing a small claims case in Wisconsin costs about $94.50 statewide, plus small county surcharges of about $5 to $15. Service costs add about $8 for clerk certified mail or about $40 for sheriff service. Post-judgment garnishment filings run about $20. If you cannot afford the fees, file Form CV-410A to ask for a waiver.
How long do I have to sue in Wisconsin small claims?
You have 6 years to sue on a written or oral contract in Wisconsin under Wis. Stat. § 893.43, 3 years for property damage or personal injury, 3 years for fraud (from discovery), 2 years for unpaid wages, and 4 years for breach of warranty on goods. The clock generally starts on the date of breach, injury, or discovery.
Do I need a lawyer for Wisconsin small claims court?
You do not need a lawyer for Wisconsin small claims court. Most parties appear without one. Attorneys are allowed but optional. The procedure is designed to be navigable without legal training. Consider a lawyer if your claim is near the cap, the defendant is a large business with counsel, or the case involves complex contract or statute-of-limitations issues.
Can a business sue or be sued in Wisconsin small claims?
A business can sue or be sued in Wisconsin small claims using its exact registered name from the DFI database. Corporations and LLCs typically appear through an officer, member, or attorney. Sole proprietors are named individually plus the DBA. Unlicensed contractors are barred from suing to collect for work that required a license.
How do I serve the defendant in Wisconsin?
To serve the defendant in Wisconsin, you can use clerk-assisted certified mail (about $8, default for most cases), sheriff personal service (about $40), a private process server (about $50), substituted service at the home, posting (mostly for evictions), or publication as a last resort. Proof of service must be filed with the court before the case proceeds.
How long does it take to get a hearing in Wisconsin small claims?
A hearing in Wisconsin small claims takes about 4 to 8 weeks from filing, depending on county backlog. The return date listed on the SC-500 summons is set by the clerk. In many counties the return date is also the trial date; in others the trial is set later if the defendant contests.
What happens at a Wisconsin small claims hearing?
At a Wisconsin small claims hearing, both sides appear before a court commissioner or judge. The plaintiff presents the case first (2 to 3 minutes plus exhibits), then the defendant responds. Witnesses can testify. Rules of evidence are relaxed. The commissioner often rules from the bench. Either side can demand a trial de novo using Form SC-517 if a commissioner heard it.
What if the defendant doesn't show up in Wisconsin?
If the defendant doesn't show up in Wisconsin, the plaintiff can ask for a default judgment that same day. File the GF-175 SCRA affidavit and proof of service. If damages are not a fixed amount, the court holds a brief prove-up hearing. The defendant can later move to reopen using Form SC-515A if they have a valid reason.
What if I miss my Wisconsin small claims hearing?
If you miss your Wisconsin small claims hearing as the plaintiff, the case is usually dismissed without prejudice, meaning you can refile. If you miss it as the defendant, the plaintiff can get a default judgment against you. To set aside a default, file Form SC-515A quickly and explain why you missed the hearing.
Can I appeal a Wisconsin small claims judgment?
You can appeal a Wisconsin small claims judgment. If a court commissioner decided it, file Form SC-517 Demand for Trial (Trial de Novo) within the statutory window to get a brand-new trial before a judge. If a judge decided it, file a notice of appeal to the Wisconsin Court of Appeals within 45 days.
How do I collect a Wisconsin small claims judgment?
To collect a Wisconsin small claims judgment, use the automatic financial disclosure system (Form SC-506A and SC-506B), file a writ of execution (Form GF-115) to levy non-exempt property, garnish wages up to 20% of disposable earnings, levy bank accounts using non-earnings garnishment (Form SC-301), and dock the judgment as a real estate lien.
Can I garnish wages in Wisconsin?
You can garnish wages in Wisconsin up to 20% of the debtor's disposable earnings, with state-law poverty protections that can reduce or eliminate garnishment for low-income debtors. Each garnishment runs for 13 weeks; you must refile to continue. Only one consumer-wage garnishment can be in effect at a time for consumer debt.
How long is a Wisconsin small claims judgment valid?
A Wisconsin small claims judgment is valid for 10 years and renewable. File a renewal action before the original 10-year period expires to extend it. Post-judgment interest accrues at 1% above the prime rate, set by statute. The judgment can be docketed as a lien on the debtor's real estate.
Can I sue a city or government agency in Wisconsin small claims?
You can sue a city or county in Wisconsin small claims, but you must first file a notice of claim under Wis. Stat. § 893.80 within 120 days of the event. To sue the State of Wisconsin, file a notice with the Attorney General under § 893.82. Missing the 120-day deadline generally bars the suit completely.
Do I have to send a demand letter before filing in Wisconsin?
You do not have to send a demand letter before filing in Wisconsin for most small claims, but it is strongly recommended. Some claim types do require specific pre-suit notices: 30-day demand for bad checks under § 943.245, 21-day landlord notice for security deposit returns, and 120-day notice of claim for government defendants.
What forms do I need to file in Wisconsin small claims?
The forms you need to file in Wisconsin small claims are Form SC-500 Summons and Complaint, the proof-of-service form matching your service method (SC-5110V, SC-5120V, or SC-5130V), and, if you cannot afford fees, Form CV-410A Petition for Waiver of Court Fees. All are free at wicourts.gov.
Can I file Wisconsin small claims online?
You can file Wisconsin small claims online at efiling.wicourts.gov. Create an account, upload the SC-500 as a PDF, and pay the filing fee. eFiling is mandatory for attorneys and encouraged for self-represented filers. Paper filing in person, by mail, by drop box, or by fax is still available in most counties.
Does Wisconsin small claims have a jury?
Wisconsin small claims does not have a jury by default. Jury trials are not available in small claims unless a party properly demands one and pays the $72 jury demand fee. A jury demand generally moves the case off the small claims track and onto the regular civil docket.
What's the Wisconsin security deposit penalty?
The Wisconsin security deposit penalty is double damages under Wis. Stat. § 100.20(5) when a landlord wrongfully withholds a tenant's deposit in violation of ATCP consumer protection rules. The landlord has 21 days after the tenant vacates to return the deposit or send an itemized list of deductions. Tenants can also recover attorney's fees in many cases.
20. When to call a lawyer (and disclaimer)
This guide is enough for most routine Wisconsin small claims disputes: an unpaid invoice, a withheld security deposit, a bounced check, a property damage claim under $5,000, a small contract breach. Pro se filing works well in these cases.
Call a lawyer when the case is near the $10,000 cap, the statute of limitations is unclear, the defendant is the government or a large company with counsel, the dispute involves a complex contract or ongoing business relationship, the debtor has substantial assets you will need to chase, or you are being sued and your defenses involve technical legal arguments.
Low-cost help in Wisconsin includes the State Bar of Wisconsin Lawyer Referral and Information Service, Wisconsin Judicare (for northern Wisconsin), Legal Action of Wisconsin, and the law school clinics at the University of Wisconsin and Marquette. Each county also has self-help materials at the Clerk of Circuit Court office and at wicourts.gov.
This page is general legal information about Wisconsin small claims court, not legal advice. Reading it does not create an attorney-client relationship. Laws and court rules change. Always confirm current statutes, fees, and procedures with the Wisconsin Court System or a licensed Wisconsin attorney before acting on any specific case.
This guide is general information about Wisconsin small-claims procedure, not legal advice. CivilCase is not a law firm and does not represent you. Consult a licensed attorney in Wisconsin for advice about your specific situation.