Wisconsin Small Claims Court Guide
Everything you need to know about filing a small claims case in Wisconsin — dollar limits, filing fees, court locations, and step-by-step guidance.
Wisconsin Quick Facts
Maximum Claim
$10,000
Filing Fee
$95
Court fees added to your case — not due today
Court
Small Claims Court (Circuit Court)
Overview
Small Claims in Wisconsin
Wisconsin small claims court is a division of the Circuit Court and handles civil disputes where the amount claimed does not exceed $10,000. The court provides a simplified and affordable process for resolving monetary disputes. Wisconsin is distinctive in allowing attorneys to participate, though the informal nature of the court makes self-representation a viable and common option.
The filing fee in Wisconsin is a flat $95, which is recoverable as a court cost if you prevail in your case. The proceedings are designed to be accessible, and attorneys are permitted but not required. The simplified rules of evidence make it practical for people without legal training, and the informal nature of the hearings encourages self-representation.
Wisconsin small claims court is commonly used for collecting unpaid debts, recovering security deposits, seeking compensation for property damage, and resolving breach of contract matters. The court can award monetary judgments, including filing fees and court costs, which are recoverable from the losing party.
To file, you must submit a summons and complaint form to the Circuit Court serving the county where the defendant lives or where the dispute occurred. After filing, the court issues a summons for service on the defendant, typically by certified mail or a private process server. The hearing is usually scheduled within 30 to 60 days.
Where to File
File in the Circuit Court of the county where the defendant lives, works, or where the incident occurred. For business defendants, file where the business is located or where the contract was to be performed.
Service of Process
Service may be completed by certified mail, sheriff, or a private process server. Certified mail is commonly used for small claims cases in Wisconsin. The defendant must be served at least 14 days before the hearing.
Statute of Limitations
Written contracts: 6 years. Oral contracts: 6 years. Property damage: 3 years. Personal injury: 3 years. Fraud: 6 years from discovery.
Appeal Rules
Either party may appeal to the Circuit Court within 15 days. The case is retried de novo.
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