File a small claim case in Wisconsin

Taking someone in the small claim court could be a very easy and smooth process without finding a small claim lawyer near you.

if you want to know how to file a small claim in Wisconsin or are curious how to bring someone in the small claims court in Wisconsin, you must know some facts about small claim s like:

Wisconsin Small Claims

What are Small Claims in Wisconsin

Small claims in Wisconsin are the minor disputes that involve a small amount of money. This is a legal process to recover small amounts very quickly, efficiently and cheaply. A small claims lawsuit in the state of Wisconsin does not require a complex process. You as an individual can recover your claimed amount in an easy and fast way if your claim is not complex. Businesses can also recover their minor claimed amount. Small claims in Wisconsin have a limit that you must follow. For example, the small claims limit in the state of California, is up to $12,000 While small claim filing limit in Texas is 20,000. So the maximum amount for small claim court is different in every state. As the small claims process is straightforward, you can file the small claims in small claims courts by yourself or with the help of. You can sue someone in small claims court without an attorney fee. You do not need to hire a lawyer to file small claims

Small Claims Quick Facts:

Filing Fee & Cost The filing fee is generally ranging from $94.50 to $114.50. Process serving fee is around $40-$100. You may have to pay some additional cost for preparing the case.
Statutes of Limitation The statute of limitations is a time limit for starting a lawsuit. State and case types have different criteria. Never put off submitting your lawsuit.
Breach of Contract 6 years
Debt Collection 6 years
Property Damage 6 years
Personal Injury 3 years
Fraud or Misrepresentation 6 years
Small Claims Limit Small claims limit is usually up to $10,000 for general money judgments, $5,000 for tort or personal injury claims.
Common Types of Small Claims Cases Property Damage
Return of Security Deposit
Disputes with Mechanics over Poor Workmanship
Disputes with Airlines
Landlord/Tenant Disputes
Money Owed (personal loans, contracts, unpaid invoices)
Contracts (written and oral)
Minor Car Accidents (Property Damage, No Injury)
Disputes with Home Warranty Companies
Unpaid Invoices & Unjust Chargebacks
Disputes with Contractors over Remodeling or Home Repairs
Disputes with Car Dealerships and Private Car Sellers
HOA Disputes
Disputes with Insurance Companies
Disputes with Moving Companies
Disputes with Telemarketers and Robocallers
Wrongful Death Lawsuit
Car Accident or Car Crash Lawsuit
Injury Lawsuit
Disputes with Towing Companies

Small Claims Court Fees:

Small claims courts are cost-effective and require very low court fees as compared to traditional court processes. Court fee includes the following fees:

Filing Fee:

Filing fee that is generally ranging from $94.50 to $114.50. It depends on the court jurisdiction and amount of claim you are suing in the small claims courts.

Service Fee:

Service fee that is required to serve the court papers to the defendant. It typically ranges from $40-$100

Service Method Service Fee Range
Sheriff or Constable Service $40 to $60
Private Process Server $50–$100
Certified Mail (if Allowed) $7–$15

Additional Costs:

Types Fee
Motion Fees $10 to $50
Witness Subpoena Fees $30
Appeal Fee $10 and $25

There is also some additional fee that is used to get the certified copies.
Small claims courts also offer fee waivers for the deserving people. This gives access to the type of person to file the small claims in small claims courts

What are the Types of Small Claims in Wisconsin?

You can sue for many types of small claims that happen in our daily lives as described below:

  • Unpaid debts such as outstanding bills and unpaid loans, etc.
  • Property damages, such as payment for repairs or replacement of the property that has been damaged.
  • Breach of contract, such as if a party fails to fulfill the terms of an agreement.
  • Security deposit disputes, such as a situation where property owners do the wrong action and do not pay the security deposit.
  • Personal injury, such as any minor injury, results in medical expense and your emotional distress.

Small claims courts are very idyllic courts to file the small claims in an efficient and costeffective way. On the other hand, traditional courts have complex procedures and are costly as well.

Do I Need a Lawyer for Small Claims in Wisconsin?

As the small claims courts offer a very streamlined process of filing the small claims and offer self-representation, you are not required to hire the lawyer. Lawyers cannot represent you in court for filing the small claims. You can take legal advice from the lawyer if you feel you need any type of legal help. Small claims courts allow you to file the small claims cases by yourself, and to sue in small claims court, you do not need to hire the attorney for this purpose. This makes the process cost-effective.

What is the Small Claims Court Procedure in Wisconsin?

If you want to know how to file small claims in Wisconsin, you need to follow the right steps to file claims in small claims courts. Following are the steps that you can follow:

1. Legal Requirements:

First of all, you need to check whether you are legally eligible to file the lawsuit of small claims in small claims court. You must be an adult of 18 years old. You need to follow the small claims limit to file the small claims, which is based on the state and country. Your cause of action for filing the small claims must be a valid and legal claim, such as personal injury, property damage, breach of contract, or unpaid debts. If you fulfill the requirement of a legal claim, you can resolve your case easily.

2. Identify the Correct Court:

After checking with the legal requirements, you must file the small claim within the court’s jurisdiction. You can file the small claim in the small claims court where the defendant lives or where the incident occurred.

3. Identify the Defendant:

You must identify the defendant Accurately as it is very important. You must describe the defendant with proper and true information. Use the proper name and address of the defendant.

4. Prepare Your Case

You always be well-prepared for your case before filing it in the court. You need to collect all the records and proofs against the defendant. You need to organize your contracts, any communication (text or voice), receipts, photos, videos, invoices, emails and checks etc. you also need to arrange for your witness if you have any. It will give strength to your case. You also need to calculate the claimed amount according to the damage.

5. Complete Court Forms:

Court forms are required, such as small claims petitions, civil cover sheets, etc. Fill in the required information.

6. Submit the Small Claims Forms:

After completing the small claims court papers, you need to submit the small claims papers in the small claims court. While filing the lawsuit in small claims court, you need to pay the filing fee. You can submit the small claims court papers by mailing, in person or online. To file a small claim online can save your time and travel.

7. Serve the Defendant:

After filing the small claims papers in the small claims court for money owed, you need to do small claims service. You need to serve the court papers to the defendant. You need to deliver the defendant with claimed papers using the certified mail address.

8. Attend the Hearing:

At the end you need to attend the court hearing at the given time. You must reach the court at the given time and represent your case in front of the judge.

9. Enforce the Judgment

If you do everything perfectly and you win the case. The court will order the defendant to pay the claimed amount. You may need to apply enforcement if the defendant does not pay the claimed amount. You may need to pay an additional fee while enforcing the judgement

What Happens in Small Claims Court in Wisconsin?

Small claims courts are very easy and provide a streamlined process of filing the small claims.

  • You, as a plaintiff, and the defendant, both parties, must present the case in front of a judge.
  • The judge may ask you some legal questions related to your case.
  • The judge will give the judgment at the court hearing.
  • You need to collect the approved claimed amount from the defendant.