Wisconsin Small Claims Court Records

What Is a Small Claims Court in Wisconsin?

Any person or corporation involved in a property or money dispute in Wisconsin can use the state courts to resolve the issue. The conflict could be over the return of a security deposit, a warranty, a bad check, or because someone liable for an injury refuses to pay what is due. No matter the inciting cause of action, the court that handles such cases is known as the "civil court." Now, there are many types of civil courts where a claim may be filed; one of them is the "small claims court."

The Wisconsin small claims court hears civil matters where the plaintiff (suing party) does not seek more than $10,000 in damages or $5,000 or less for tort actions, personal injury claims, and third-party complaints.

Although divisions of the circuit courts, the small claims court proceedings are less formal than the general civil court. As a result, people who petition the court often receive their judgments more quickly and end up spending far less than they would if the case were heard in civil court. Disputes that commonly reach the small claims court include:

Replevin actions (return of personal property):
- Non-consumer credit actions where the property in dispute is valued at $10,000 or less. For example, first mortgages.
- Consumer credit transactions where the personal property to be returned was the subject of a lease or credit, and the financed amount is under $25,000. For example, student loans, certain second mortgages, etc.
Claims to recover money
Personal injury and tort claims
Eviction actions

Other less-frequently filed claims include:

Eviction actions resulting from foreclosures
Return of earnest money (deposit made to buy a real property)
Actions to confirm, vacate, correct, or modify an arbitration award for a real estate purchase, and
Actions by municipalities to recover taxes.

How Does the Wisconsin Small Claims Court Work?

Wis. Stat. § 799.01 et seq. and the Circuit Court Rules establish the procedures of the Wisconsin small claims courts. Per these regulations, the court holds an informal forum for natural persons, companies (corporations, partnerships, etc.), and certain public bodies who want to resolve minor disagreements in less time and with less money.

Any mentally competent person aged 18 or older, or emancipated, can sue or be sued in Wisconsin. Underage and mentally incompetent persons can be small claims litigants too, but the court will appoint a guardian at litem (attorney) to represent them.

In any small claims case, the party who files is the _plaintiff,_and the accused party liable to pay the damages is the defendant. Because the court's procedures accommodate the everyday person, plaintiffs and defendants can easily present their cases before a judge without requiring legal representation (also known as "pro se" or self-representation). Nevertheless, it is best to familiarize oneself with these procedures, either by:

Reading published guides
Self-help web pages (see self-help page of the Wisconsin Law Library as well)
The law
Local rules, or
Seeking legal advice

Small claims cases are decided by circuit court judges or commissioners. The small claims court is not independently run but a part of the circuit courts (the state's trial courts). As such, procedures in the court are defined by Circuit Court Rules, including the judicial officers with authority to preside over small claims cases. Note that there is no jury trial in the small claims court.

Generally, a small claims action begins when an aggrieved party submits a complaint at the small claims court. This complaint will contain the case parties' names and addresses, the amount in dispute, the reason for filing the claim, and a brief description of the cause of action. In resolving the case, court costs will be paid, the defendant(s) will be summoned, and all parties will have their day in court, that is, if out-of-court negotiations fail.

Just as they have the right to legal representation, litigants in a small claims case have the right of appeal if unsatisfied with a judge's or commissioner's decision. This appeal must be filed within specific time frames, depending on the court official who made the ruling. To appeal the decision of a circuit court commissioner, a case party has 10 days to file a demand for a new trial (trial de novo) with the court clerk once the decision is announced at the hearing, or 15 days once the decision is delivered by mail. This trial is held before a circuit court judge.

However, if a circuit court judge heard the case, the appeal must go to the Wisconsin Court of Appeals. This requires a whole new procedure, and advisedly, an attorney's help because of the complexity of court processes. Still, pro se parties can read the Guide to Appellate Procedure for the Self-Represented for more information, or visit the Wisconsin State Bar's Appellate Help Desk to use the "ask a lawyer" feature and get help when preparing for a civil appeal.

How to Take Someone to Small Claims Court in Wisconsin

Before deciding to take anyone to court in Wisconsin, individuals are strongly encouraged to attempt out-of-court negotiations first. It saves prospective litigants time and money if they can solve the issue by compromise, installment payments, or full settlement. Even after filing the case, parties have until the hearing date to try to settle their differences. To further inspire these acts, the courts provide conflict resolution centers and mediation programs to aid people in resolving disputes via extrajudicial means.

From statewide caseload summaries of the Wisconsin courts, many small claims cases initiated in the state are settled out of court. Of the 99,135 cases opened in the 2020 calendar year, only 4,910 ((5%) cases were contested.

When none of the above is possible, then an injured party may have no other option than to file a complaint with the court and see it through to its very end.

Filing a small claims case

In Wisconsin, there are different types of small claims cases that a person may begin: eviction, recovery of money, and replevin (return of property) actions. Each case type has a different procedure, venue of filing, filing fee, etc. (Click on the appropriate links to find these procedures and fees). Additionally, some counties may have more processes, so it is important to contact the clerk's office or seek legal help to determine them. For easy access, the Wisconsin State Law Library provides links to the small claims webpages of the clerks of court, where plaintiffs can find procedures, frequently asked questions, and resources for filing lawsuits in a local small claims court.

Generally, anyone interested in filing a small claims case must file a Summons and Complaint form (SC-500 or SC-500I) with the circuit court clerk. Contact information and addresses of the clerks' offices can be obtained from the Wisconsin Court System website. Although the filing venue differs by case, the appropriate court of filing will generally be located in any of the following places:

The county where a defendant resides
The county where a rented property or real estate is situated
The county where the action was performed or the claim arose

The Summons and Complaint form and other forms required during proceedings can be obtained from the circuit court forms page of the state judiciary's website or the circuit court clerk. The Summons and Complaint form (SC-500I) can be used by pro se litigants since it has instructions for completing the document, while SC-500 can be used by other parties. Additionally, the Wisconsin judiciary offers a form assistant tool. Self-represented parties can use this assistant to fill forms automatically by answering a series of questions.

After preparing the forms, the next step is to file them and any attachments (e.g., receipts, bills, contracts, canceled checks, rental agreements, etc.) with the court clerk. The filing party must also pay the filing fee. Plaintiffs are expected to make two copies of the forms and attachments to be served on each defendant. The copies and originals should be taken to the clerk's office. Those who cannot pay the court fee can request a fee waiver with Form CV-410A (Petition for Waiver of Filing Fees and Costs - Affidavit of Indigency) and Form CV-410B (Order on Waiver of Filing Fees and Costs). The court may grant this waiver upon discovering an inability to pay the filing fee.

Serving the defendant

When the filing procedure is complete, the defendant(s) must be served (given notice of the lawsuit and court hearing). The service method differs by the type of claim, whether eviction, replevin, or money recovery. Generally, the defendant can receive a notice through any of the following means:

Personal service (a private process server or sheriff)
Substitute service
Service by another person aged 18 or older, who is a resident of Wisconsin, Iowa, Michigan, Minnesota, or Illinois
Regular or certified mail
Legal publication (when all other service methods have failed)

Still, some courts - for example, the Milwaukee and Walworth small claims courts - may allow only personal service (a sheriff or private process server). Others may allow service by certified or regular mail, but mostly when personal service is not feasible. No matter, the plaintiff will be informed of the court's service rules when filing, as well as the deadline for service (the time the plaintiff has to serve the defendant). The plaintiff is responsible for paying the service charge. Note that for any service done, the court will require proof of service from the plaintiff at the trial. More information on service procedures can be obtained from the Pre-Judgment: Basic Steps to Small Claims For Service pamphlet.

How Much Can You Sue For in Wisconsin Small Claims Court?

The 2011 Wisconsin Act 32 raised the limit of the Wisconsin small claims courts and created a new jurisdictional limit for tort, personal injury, and third-party claims. The highest amount that can be claimed in the state's small claims courts is $10,000. However, the limit for tort claims, third-party complaints, and personal injury claims is $5,000.

This is not to say that parties with claims exceeding these amounts cannot file in the small claims court, only that they must be willing to collect a judgment that is not more than the court's limit.

How to Defend Yourself in Wisconsin Small Claims Court

As a sued party, a person or business has a few options when responding to a small claims lawsuit. The party can:

Contest the case by submitting a written answer before the deadline stated on the served Summons and Complaint form. However, some counties will require an appearance.
Not contest the case (allow the court to enter a judgment for the damages demanded or settle with the plaintiff for another amount without the court's interference).

Parties who choose to contest their case can file a counterclaim, cross-complaint, or impleader action. In a counterclaim, they allege that the plaintiff owes them money, whereas they may file a cross-complaint if there are other defendants, and the served party believes that one of them should be liable for the damages. Also, the defendant can begin an impleader action if the party believes that the person responsible for the loss or injury is not among the named defendants.

No matter the action that sued parties want to take, it must be done before the court's deadline, else the court may enter a default judgment against them - as such, making them liable for anything the plaintiff demands.

Defendants can use the forms assistant tool to prepare the forms needed to respond to a claim, or read the Pre-Judgment: Basic Steps for Filing an Answer to Complaint guide for detailed instructions on the forms to fill and how to serve the plaintiff (if it is necessary).

If the sued party opts to contact the plaintiff or plaintiff's lawyer to negotiate a settlement, they must ensure that a dismissal form is filed in the court. The following forms will apply in these situations:

Form SC5300VA (Stipulation for Dismissal - Eviction) and Form SC5300VB (Order for Dismissal- Eviction), or
Form SC5310VA (Stipulation for Dismissal - Non-Eviction) and Form SC5310VB (Order for Dismissal - Non-Eviction)

The forms can be downloaded online or obtained from the clerk's office.

How Long Do You Have to Take Someone to Small Claims Court in Wisconsin?

The statute of limitation for small claims cases brought to the Wisconsin small claims courts varies by case type. Generally, a plaintiff has a few years from the date an injury, loss, or damage occurs to file a claim for restitution. Failing this, the individual or corporation cannot sue the party alleged to have caused the injury in a court of law.

Wisconsin statutes list these deadlines. Some include:

Personal injury - 3 years (Wis. Stat. § 893.57)
Personal property damage - 6 years (Wis. Stat. § 893.52)
Written and oral contracts - 6 years (Wis. Stat. § 893.43)

Better yet, it is advisable to speak to a lawyer to find out the applicable deadlines, as the law can change anytime.

What Happens if You Don't Show Up for Small Claims Court in Wisconsin?

Before the trial date, plaintiffs and defendants are encouraged to organize their evidence, facts, and subpoena witnesses if required. To subpoena a witness, a party will need to complete the GF-126A and GF-126B forms, pay the service charge, and serve the documents by private process or the sheriff to the witness(es). The subpoena forms can be downloaded from the internet or obtained from the court clerk's office.

On the hearing date, all parties are expected to appear in court at least 15 minutes early to present their case and obtain a legally binding adjudication. If a case party refuses or fails to attend court for no valid reason, they will be subject to legal action, such as having a default judgment entered against them or having the case dismissed.

What are Small Claims Court Records in Wisconsin?

A small claims court record refers to any formal document that contains information on legal proceedings conducted in the small claims court. These records include the pleadings, litigants' details, presiding judge's information, transcripts, audio recordings, judgments, docket sheets, etc., of small claims cases. According to the Wisconsin Open Records Law, members of the public can access these records, except when prohibited by law. As such, they can request copies from the courthouses.

Where Can I Find Wisconsin Small Claims Court Records?

The circuit court clerks are the official custodians of Wisconsin court records created or submitted in a small claims proceeding. Therefore, anyone seeking plain or certified copies of a small claims court record must contact, mail, or visit the appropriate clerk's office. Usually, the requesting party will need to provide certain case information, like the case number, to identify the record quickly. The party will also need to pay fees if it is a copy request. The offices, contact numbers, and websites of the circuit court clerks can be found on the clerk contact page of the Wisconsin judiciary's website.

Interested persons can also use the Wisconsin Court Systems' Case Search to search and obtain case information. The platform is free. Furthermore, parties may use third-party online public records systems to access this data.