Wisconsin Small Claims

Given its simple nature, Wisconsin's small claims process is intended as a quick, informal, and frequently handleable solution to certain cases, notably those that do not require legal representation.

Understanding Wisconsin's small claims framework can help consumers, renters, landlords, tradespeople, and small companies in effectively recovering money or personal property because the state-specific dollar restrictions and small claims regulations apply.

What Is a Small Claims Court in Wisconsin?

Small claims covers all kinds of cases. These includemoney claims, evictions (residential and commercial), and replevin (return of specific personal property), with special limits. Typical disputes that the small claims court handles include unpaid loans or invoices, simple contract or workmanship issues, and minor property damage. Wisconsin courts emphasize that small claims proceedings are simpler and less formal than ordinary civil cases, and many individuals prefer to represent themselves.

Small Claims Court Limits in Wisconsin

Generally, money claims can be as high as $10,000 in the small claims court. But if it involves torts, personal injury, or any third-party complaints, the amount can only get up to $5,000. When it comes to evictions, the law advises landlords to always file small claims, no matter the rent or damages amount. Replevin, that is, the return of property, is generally less than or exactly $10,000 in non-consumer cases. In consumer credit, replevin can be less than or equal to $25,000.

Wisconsin Legislature Chapter 799 sets the jurisdiction for small claims. You can look at the statewide guide, which summarizes these categories and caps, for quick screening.

How to File a Small Claims Case in Wisconsin

There are several steps that you should take when filing a small claims case in Wisconsin, regardless of where in the state you file. These steps include

1) Choose the right county (venue): You should start by filing in the county tied to the defendant or the transaction that’s bringing about the case. County clerk sites typically provide information on their location and local practices (e.g., Dane, Door, Calumet).

2) Use official forms: Most cases start with the SC-500/SC-500I (Summons & Complaint) form. There are other special forms for evictions and replevin (e.g., SC-6010V eviction guide, SC-6030V replevin guide, SC-514 writ of replevin). You can find help with generating filing packets by contacting small-claims forms assistants in the courts.

3) File and pay fees: There are filing and service fees that you will have to pay. These are set by statute and vary by county. To know what you are expected to pay, check your clerk’s schedule. Many clerks can also provide practical pages and checklists if you need these.

4) Serve the defendant properly: After filing, you must have the Summons & Complaint form served to the defendants by using methods allowed by law (such as sheriffs, authorized servers, or as directed on the form). Specifically, evictions and replevin have tight timelines and additional documents. You should follow the Judiciary’s step-by-step PDFs to serve these.

5) Special notes for evictions: By law, evictions proceed on the small-claims docket. If judgment is entered, the court issues a writ of restitution for the sheriff to execute. The execution must be done within the stipulated time limits.

6) The Matter of Lawyers: You don’t need a lawyer while doing small claims in Wisconsin—self-representation is common. Many counties (e.g., Milwaukee Justice Center) offer guides, including checklists for filing, answering, and carrying out counterclaims.

Small Claims Court in Major Wisconsin Locations (examples)

• Milwaukee County (Milwaukee Justice Center/Circuit Court Civil): Located at 901 N 9th St, Milwaukee, WI 53233, the court offers county resources for individuals filing in the county. You can find guided filing/answer tools tailored to the county’s practice on the Justice Center site.
• Dane County (Madison): You can find the Dane County Court at 215 S Hamilton St., Madison, WI 53703. Their Clerk’s page lists the kinds of case types it handles (money, replevin, eviction) and provides some local filing guidance.
• Brown County (Green Bay). If you need to visit this court, you can find its physical location at 100 South Jefferson Street, Green Bay. You can find service timelines for small-claims cases (e.g., eviction service lead-times) by contacting the clerk of court and visiting the sheriff’s civil-process page.

What to Expect at a Small Claims Hearing in Wisconsin

Hearings are informal, judge-led bench trials; there are no juries unless you have made a timely demand in certain transferred cases. The plaintiff typically goes first, followed by the defendant.

When appearing in court, you are expected to bring organized, labeled exhibits—contracts, receipts, photos, text or email printouts, repair estimates—and any witnesses. If a properly served defendant doesn’t appear, the court may go ahead and enter a default judgment.

Regardless of whether the defendant in your case shows up, you must show proof of the amount due. The Basic Guide (SC-6000V) explains, in plain English, how hearing works and the court’s expectations of you.

After the Commissioner’s Decision: “Trial de Novo”

Small-claims hearings are often conducted by a circuit court commissioner. Either the complainant or defendant may demand a trial de novo before a judge by filing SC-517 (Demand for Trial) within 10 days of an oral decision or 15 days of the mailing of a written decision. If you miss the deadline, the commissioner’s decision becomes the judgment, and you lose the right to appeal. Wisconsin strictly enforces these time limits for appellate decisions.

How to Search for Small Claims Records in Wisconsin

Wisconsin provides robust official online access:

1. WCCA (“CCAP”) – Wisconsin Circuit Court Access: This statewide public portal for circuit-court cases provides information for small claims. On the platform, you can search by name or case number to see parties, register of actions, hearings, and dispositions. The document images that are available depend on the county and case.
2. About CCAP. The court system explains CCAP’s role (WCCA for circuit courts and WSCCA for appellate courts). CCAP is the proper source for public case information. However, if you are seeking a certified copy, it is best to go through the relevant court clerk.
3. County resources: Many clerks provide information for local small-claims pages, fee lists, and service guidance. The State Law Library gathers county links and how-to materials.

Public dockets typically include case number, parties, filings/events, hearing dates, and judgment. If you need certified copies (needed for garnishment, lien filing, or a writ of restitution/replevin), you can request them from the Clerk of Circuit Court that maintains the file.

You can presume that small-claims files are public. However, sealed or confidential items will not appear online. Typically, eviction dockets are public, and CCAP housing entries are visible for years.