How does small claims court work in Wisconsin?

Question

Accepted Answer

1. Jurisdictional Limit    Wis. Stat. § 799.01(1)(d) caps small claims jurisdiction at $10,000 for most actions (contracts, replevin, garnishment), and $5,000 for tort claims including personal injury and property damage. Eviction actions have no monetary limit.    2. Court Name    Small Claims branch of the Circuit Court of each county.    3. Filing Fee    The standard small claims filing fee is $94.50, plus $10 per additional defendant and $60+ for sheriff service. Indigent filers may petition under Wis. Stat. § 814.29 for fee waiver via a Petition for Waiver of Fees.    4. Filing the Claim    File a Summons and Complaint (Form SC-500) in the county where the defendant resides, where a substantial part of the events occurred, or where any defendant has a place of business (Wis. Stat. § 801.50). Service is by personal service, certified mail with restricted delivery, or publication when authorized (§ 799.12).    5. Defendant's Response    Defendants must appear at the "return date" set in the Summons (typically 20-45 days after service). At the return date, the judge or court commissioner determines whether the case is contested and schedules a trial if needed. Counterclaims must be filed at or before the return date (§ 799.06).    6. Attorney Representation    Attorneys are permitted on both sides (§ 799.06). Corporations and LLCs may appear by a full-time officer or employee in small claims (§ 799.06(2)) — an exception to the general rule requiring counsel for entities.    7. Hearing    The return date itself may resolve the case via default, stipulation, or referral to mediation. If contested, the matter proceeds to a trial date with simplified procedures. The Wisconsin Rules of Evidence apply but are relaxed (§ 799.209).    8. Judgment & Collection    Appeals go to the Court of Appeals within 45 days (Wis. Stat. § 808.04), on the record. Collection tools include earnings garnishment under Wis. Stat. § 812 (subject to Wisconsin's 20% cap under § 812.34 — lower than the federal 25%), non-earnings garnishment of bank accounts, and judgment liens docketed under § 806.15.    9. Statute of Limitations    Standard SOLs apply: 6 years for written contracts (Wis. Stat. § 893.43), 6 years for oral contracts (§ 893.43), 3 years for personal injury and property damage (§ 893.54), and 6 years for fraud (§ 893.93).  This is legal information, not legal advice.