Small claims in Wisconsin.
Standard $10,000 cap and 15-day appeal window.
- Most you can sue for$10,000Same cap for individuals and businesses
- Filing fee$94.50Flat fee for all small claims cases
- CourtCircuit Court (small claims division)
- Lawyers at trialAllowedPermitted but not required
- Appeal window15 daysTrial de novo in circuit court
- Recent change—No major changes in the last 3 years
Find your situation.
Wisconsin small claims handles money disputes up to $10,000 (or $10,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Wisconsin allows you 6 years to file claims on written contracts and 6 years on oral contracts.
Wrong court for these12 situations small claims can’t handle
Eviction (unlawful detainer)
Eviction actions are handled in small claims court regardless of the amount claimed.
Try instead: Small Claims Court
Title to real estate
Disputes involving the title to real estate are not handled in small claims court.
Try instead: Circuit Court
Defamation
Defamation claims are not suitable for small claims court due to their complexity.
Try instead: Circuit Court
Malpractice
Professional malpractice claims exceed the jurisdictional limits of small claims court.
Try instead: Circuit Court
Family law and probate
Matters such as divorce, child custody, and probate are not handled in small claims court.
Try instead: Family Court or Probate Court
Claims against the federal government
Small claims court does not have jurisdiction over claims against the federal government.
Try instead: Federal Court
Workers' compensation
Workers' compensation claims are handled by the Department of Workforce Development.
Try instead: Department of Workforce Development
Class actions
Class action lawsuits are not suitable for small claims court.
Try instead: Circuit Court
Injunctions/specific performance
Small claims court cannot grant injunctions or order specific performance.
Try instead: Circuit Court
Federal claims (bankruptcy, patents, trademarks)
Federal claims are outside the jurisdiction of small claims court.
Try instead: Federal Court
Mandatory-arbitration disputes
Disputes subject to mandatory arbitration clauses are not handled in small claims court.
Try instead: Arbitration
Suing a deceased person
Claims against deceased individuals must be filed in probate court.
Try instead: Probate Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the clock when the fraud is discovered.
File your case
File at the Small Claims Division of the Circuit Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fee and reasonable service costs are added to the judgment.
E-filing in Wisconsin: E-filing is available and encouraged for small claims cases.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 8 days before the hearing (in the same county) or 12 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. Sheriff or constable personally hands the papers to the defendant.
- Certified mail by clerk. Clerk sends the papers via certified mail to the defendant.
- Private process server. A private individual serves the papers to the defendant.
File the proof of service (SC-5100V) at least 5 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be found, service by publication may be permitted with court approval.
If the defendant is avoiding service, you may request alternative service methods from the court.
Show up to the hearing
Bench trial, typically 10-15 minutes per case.
Lawyers at trial: Allowed. Parties may be represented by attorneys but are not required to be.
When you’ll get the decision: On the spot or mailed within 30 days.
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant doesn't appear, the court may grant a default judgment in favor of the plaintiff.
You still have to prove your case. Even if the defendant defaults, the plaintiff must provide evidence to support the claim.
If you’re the defendant being sued
Defendants are not required to file a written answer but must appear at the scheduled hearing.
Counter-suing the plaintiff: Allowed using SC-5200V (Counterclaim). Serve the plaintiff at least 8 days before trial (same county) or 12 days (out of county).
Counterclaim bigger than the cap? If the counterclaim exceeds the small claims limit, the case may be transferred to circuit court. Wis. Stat. § 799.02(1)
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 5% interest per year while unpaid.
Wage garnishment
Have a portion of debtor's wages withheld until the judgment is paid.
How it works
File a garnishment action, serve the employer, and the employer withholds a portion of the debtor's wages to satisfy the judgment.
Cost: $15 plus service fees
Notes: Effective if the debtor is employed and earns above the exemption threshold.
What’s protected:
- 80% of disposable earnings or 30 times the federal minimum wage per week, whichever is greater.
Bank levy
Seize funds from the debtor's bank account.
How it works
Obtain a writ of execution, serve it on the bank, and the bank freezes and turns over funds to satisfy the judgment.
Cost: $5 plus service fees
Notes: Effective if the debtor has sufficient funds in the account.
What’s protected:
- $5,000 of deposits are exempt from garnishment.
Property lien
Place a lien on the debtor's real property.
How it works
File the judgment with the county clerk to place a lien on the debtor's property, which must be satisfied upon sale or refinancing.
Cost: $5 plus recording fees
Notes: Effective if the debtor owns real property and intends to sell or refinance.
What’s protected:
- Homestead exemption up to $75,000.
Writ of execution
Seize and sell the debtor's non-exempt property.
How it works
Obtain a writ of execution, have the sheriff seize non-exempt property, and sell it to satisfy the judgment.
Cost: $5 plus sheriff's fees
Notes: Effective if the debtor owns valuable non-exempt property.
What’s protected:
- Various personal property exemptions apply.
Multiple creditors? Priority rules.
Priority among judgment creditors is generally determined by the order in which liens are filed.
Can you appeal if you lose?
either
- Deadline: 15 days from the judgment notice.
- Filing fee: $195.
- Form: SC-5140V — Notice of Appeal.
- Type: Trial de novo — the case is heard fresh in the higher court.
The appeal is a new trial in the circuit court.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
Milwaukee
- E-filing availability: Milwaukee County requires e-filing for small claims cases.
Dane
- Mediation services: Dane County offers mandatory mediation for small claims disputes.
Why cases get dismissed.
Incorrect defendant information
What goes wrong: Suing the wrong party or using incorrect information can result in dismissal or unenforceable judgments.
How to avoid it: Verify the defendant's legal name and address before filing.
Missing statute of limitations
What goes wrong: Filing after the statute of limitations has expired will lead to dismissal of the case.
How to avoid it: Confirm the applicable statute of limitations for your claim type before filing.
Improper service of process
What goes wrong: Failure to properly serve the defendant can delay the case or result in dismissal.
How to avoid it: Follow the court's rules for service of process carefully.
Insufficient evidence
What goes wrong: Lack of evidence can lead to losing the case, even if your claim is valid.
How to avoid it: Gather all relevant documents, photos, and witness statements before the hearing.
Ignoring court deadlines
What goes wrong: Missing deadlines can result in default judgments or dismissal.
How to avoid it: Keep track of all court dates and deadlines, and respond promptly.
Overlooking counterclaims
What goes wrong: Failing to file a counterclaim may waive your right to seek damages related to the same dispute.
How to avoid it: Consider any potential counterclaims and file them within the required timeframe.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources13 citations and statutes
- Wisconsin small claims court self-help
- Wis. Stat. § 799.01 – Types of claims; court proceduresWis. Stat. § 799.01
- Wis. Stat. § 814.61 – Fees in civil actionsWis. Stat. § 814.61
- Wisconsin statewide circuit court fee schedule
- Appeals in small claims – Wis. Stat. § 799.16Wis. Stat. § 799.16
- Civil penalty for dishonored checks – Wis. Stat. § 943.24(5)Wis. Stat. § 943.24(5)
- Security deposits; return and penalties – Wis. Stat. § 704.28Wis. Stat. § 704.28
- Residential landlord-tenant law – Wis. Stat. § 704Wis. Stat. § 704
- Final payment of wages – Wis. Stat. § 109.03(2)Wis. Stat. § 109.03(2)
- Wisconsin small claims court forms
- Wisconsin Deceptive Trade Practices Act – Wis. Stat. § 100.18Wis. Stat. § 100.18
- Wisconsin Lemon Law – Wis. Stat. § 218.0171Wis. Stat. § 218.0171
- Wisconsin Auto Repair Statute – Wis. Stat. § 218.0175Wis. Stat. § 218.0175
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.