What is the small claims limit in Wisconsin?

Question

Accepted Answer

Wisconsin small claims is governed by Wis. Stat. Chapter 799 and is a division of the Circuit Court.

1. Monetary Limit — Wis. Stat. § 799.01 sets the limit at $10,000 for general civil claims. Note: there is no monetary limit for eviction (forcible entry and detainer), return of leased personal property, garnishment, or replevin actions filed under Chapter 799.

2. Filing Fee — Standard fee of $94.50 for claims up to $10,000 (Wis. Stat. § 814.61(1)(a)) plus sheriff or process server costs ($35-$50). Indigent fee waivers via Petition for Waiver of Fees and Costs (Form CV-410A).

3. Lawyers — Permitted at all stages. Corporations may be represented by an officer, director, employee, or other authorized non-attorney for small claims under Wis. Stat. § 799.06(2).

4. Statute of Limitations — Standard Wisconsin SOLs: 6 years for contracts (written and oral) under Wis. Stat. § 893.43, 3 years for personal injury (§ 893.54), 6 years for property damage (§ 893.52), 6 years for fraud (§ 893.93).

5. Where to File — Circuit Court of the county where (a) the cause of action arose, (b) defendant resides, (c) defendant does substantial business, or (d) any defendant may be served (Wis. Stat. § 801.50).

6. Service — By personal service (sheriff or process server), certified mail with return receipt, or first-class mail with admission of service. Defendant must be served at least 8 days before the return date for individuals or 30 days for corporations (Wis. Stat. § 799.12).

7. Hearing — Initial appearance before a court commissioner or judge. If contested, set for trial. Trials are bench trials before a circuit judge unless either party demands a jury (jury fee required).

8. Appeal Rights — Either party may appeal directly to the Wisconsin Court of Appeals within 45 days of entry of final judgment (Wis. Stat. § 808.04). Appeal is on the record (transcript required); not de novo. Standards of review and procedural rules of the Court of Appeals apply.

This is legal information, not legal advice.