SMALL CLAIMS COURT
By Attorney Randall J. Andersen
April, 2013
By Attorney Randall J. Andersen
April, 2013
Disclaimer: The information contained on this page is not legal advice. The information provided on this website is for general informational purposes and is not necessarily updated to account for changes in the law. You should consult with an attorney for legal advice regarding your individual circumstances.
We are often asked about the use of small claims court for collection of debts and resolution of smaller legal disputes.
Small claims court is a part of the state (circuit) court system. Every county in Wisconsin has a small claims court.
Claims for the collection of money in the amount of $10,000.00 or less can be brought in small claims court.
Personal injury claims and claims for the negligent or intentional damage to property can also be brought in small claims court, but the limit for the amount that can be claimed is $5,000.00. Personal injury claims and claims for damage to property which exceed $5,000.00 must be brought in large claims court.
Eviction actions, regardless of the amount of rent claimed and the type of property, are brought in small claims court. After the eviction is completed, judgment for rent and damages can be entered through the small claims process, even if the amount exceeds $10,000.00.
Replevin actions (also known as repossession) can be brought in small claims court if the value of the property claimed is $10,000.00 or less (for non-consumer credit actions), or for consumer credit transactions, if the amount financed is $25,000.00 or less.
A small claims case is initiated by filing a summons and complaint with the court, and payment of the filing fee. The small claims summons and complaint is a fill-in-the-blank form provided by the Wisconsin court system.
Counterclaims are permitted in small claims court. However, if the amount of the counterclaim exceeds the jurisdictional limits for a small claims case, the counterclaim will result in the entire case being classified as a “large claims” proceeding, and an additional filing fee will be payable by the defendant. A counterclaim is initiated by the filing of an answer and counterclaim.
Each county has its own procedure for responding to a small claims action. In some counties, a personal appearance by the defendant is required. In others, the defendant is permitted to simply file a written answer.
If the defendant disputes the claim by filing an answer or making a personal appearance at the return date (whichever is required by that particular county), then a small claims trial will be scheduled. In some counties, small claims trials are presided over by a court commissioner. If a party is not satisfied with the decision of the court commissioner, he/she has the right to file a request for a “hearing de novo.” If a timely request for a hearing de novo is filed and served, the matter will be scheduled for a new trial before a circuit court judge. If either party is not satisfied with the decision of the circuit court judge, then an appeal can be taken to the Wisconsin Court of Appeals.
Parties to a small claims proceeding have the right to be represented by an attorney. Although representation by an attorney is not required, consulting with an attorney regarding the process and the particular issues of your case is normally advisable, especially if you are new to the small claims process.
The small claims court rules are set forth in Chapter 799 of the Wisconsin Statutes. Most counties have additional local rules which prescribe the procedures unique to the small claims process in that particular county. There are significant variations in the rules between counties, so it is always important to consult the local circuit court rules before filing a small claims action in a new county.
The small claims process can be a cost effective, efficient way of resolving legal disputes and collecting unpaid obligations. However, it is important to review and understand the rules before jumping in.
Small claims court is a part of the state (circuit) court system. Every county in Wisconsin has a small claims court.
Claims for the collection of money in the amount of $10,000.00 or less can be brought in small claims court.
Personal injury claims and claims for the negligent or intentional damage to property can also be brought in small claims court, but the limit for the amount that can be claimed is $5,000.00. Personal injury claims and claims for damage to property which exceed $5,000.00 must be brought in large claims court.
Eviction actions, regardless of the amount of rent claimed and the type of property, are brought in small claims court. After the eviction is completed, judgment for rent and damages can be entered through the small claims process, even if the amount exceeds $10,000.00.
Replevin actions (also known as repossession) can be brought in small claims court if the value of the property claimed is $10,000.00 or less (for non-consumer credit actions), or for consumer credit transactions, if the amount financed is $25,000.00 or less.
A small claims case is initiated by filing a summons and complaint with the court, and payment of the filing fee. The small claims summons and complaint is a fill-in-the-blank form provided by the Wisconsin court system.
Counterclaims are permitted in small claims court. However, if the amount of the counterclaim exceeds the jurisdictional limits for a small claims case, the counterclaim will result in the entire case being classified as a “large claims” proceeding, and an additional filing fee will be payable by the defendant. A counterclaim is initiated by the filing of an answer and counterclaim.
Each county has its own procedure for responding to a small claims action. In some counties, a personal appearance by the defendant is required. In others, the defendant is permitted to simply file a written answer.
If the defendant disputes the claim by filing an answer or making a personal appearance at the return date (whichever is required by that particular county), then a small claims trial will be scheduled. In some counties, small claims trials are presided over by a court commissioner. If a party is not satisfied with the decision of the court commissioner, he/she has the right to file a request for a “hearing de novo.” If a timely request for a hearing de novo is filed and served, the matter will be scheduled for a new trial before a circuit court judge. If either party is not satisfied with the decision of the circuit court judge, then an appeal can be taken to the Wisconsin Court of Appeals.
Parties to a small claims proceeding have the right to be represented by an attorney. Although representation by an attorney is not required, consulting with an attorney regarding the process and the particular issues of your case is normally advisable, especially if you are new to the small claims process.
The small claims court rules are set forth in Chapter 799 of the Wisconsin Statutes. Most counties have additional local rules which prescribe the procedures unique to the small claims process in that particular county. There are significant variations in the rules between counties, so it is always important to consult the local circuit court rules before filing a small claims action in a new county.
The small claims process can be a cost effective, efficient way of resolving legal disputes and collecting unpaid obligations. However, it is important to review and understand the rules before jumping in.