In situations where someone owes you money, someone crashed into your vehicle, or you slipped and fell because of a property owner’s negligence, it’s vital to understand if and when small claims court is your best option. In Wisconsin, you’re able to sue (or be sued) by any individual or corporation and, while the rules and proceedings in small claims courts are simpler than other options, it’s not always the best option for your situation.
What is small claims court?
Simpler and less formal than a large claims civil case, small claims court is an option where disputes are typically quicker. In general, this is where private parties have a dispute and are looking for a resolution that doesn’t involve a large amount of money.
Common Small Claims Court Cases
Small claims courts provide an accessible forum for resolving a variety of everyday disputes without the expense and formality of higher‑court litigation. Below are the types of cases most frequently filed:
- Defective products: Consumers seek refunds or damages when a purchased item—such as electronics, tools, or appliances—malfunctions or fails to meet advertised specifications.
- Security deposit disputes: Renters and landlords clash over withheld or improperly returned deposits after a tenancy ends, often over alleged damage or cleaning fees.
- Unpaid loans: Individuals pursue repayment of personal loans, IOUs, or promissory notes when a borrower fails to honor a repayment agreement.
- Car accidents: Drivers claim compensation for property damage or minor injuries resulting from low‑impact collisions, fender‑benders, or hit‑and‑run incidents.
Breach of contract disputes: One party sues another for failing to fulfill the terms of a written or verbal agreement—common in construction work, home repairs, freelance services, and small business transactions.
Can I sue for personal injury in small claims court?
Yes, you can sue for personal injury in small claims court. Small claims accepts tort cases—a wrongful act that injures someone’s body, property, business, reputation, or other interest and must be intentional or the result of negligence. As it takes expertise and knowledge to determine whether an action falls under this, an experienced attorney can help you figure out if your injury situation makes more sense for either small claims or a large claims action in civil court.
What is the most you can get in small claims court?
In Wisconsin, small claims court is limited to disputes involving $10,000 or less. Third-party complaints, personal injury claims, and actions based in tort are limited to $5,000 in small claims court. If you exceed these amounts, you must file a lawsuit in large claims in civil court. However, the issue of how much you’re suing for can become complicated when dealing with injuries caused by negligence. An experienced lawyer can help guide you down that path.
Do you need a lawyer for small claims court?
You are not required to have an attorney and can represent yourself in small claims court. However, remember that court staff cannot give you legal advice. You’ll need an attorney who can help you create a claim or defense with the evidence to prove it.
How much does it cost to file in small claims court?
You may wonder, “is it worth going to small claims court for $500?” While it’s subject to change, you’ll need to pay a fee (ranging from a few dollars to a few hundred dollars, depending on the county) to file in small claims court—but you’ll also want to consider the value of your time. If you need to take any unpaid time off from work to prepare or go to court, the actual cost of taking someone to small claims court could be higher. When the amount you lose from pursuing a case comes close to the amount you’d gain in court, it may not be worth it to go to court over a small amount of money.
How do you take someone to small claims court?
In Wisconsin, small claims court varies by each county. However, it starts by determining the proper county to file in, the right party to sue, the type of case (eviction actions, return of earnest money, return of personal property, arbitration, or other civil actions), and the amount you’re claiming, then filing the correct forms with the clerk of court’s office. The Wisconsin Court System has a guide that’s helpful in getting your claim off the ground if you want to pursue it yourself.
Varying by county, after filing a small claims case you might be required to respond by appearing at a courthouse at a specific time and place (known as a return date). Some counties require a written answer. This is also when you’ll need to prepare a summons and complaint for the party you’re suing. Include the return date on the summons before serving (or handing to) the opposing party. This cannot be done by a party to the lawsuit, and it must be done by a sheriff or private process server.
A pre-hearing will be scheduled—it will either be on the return date or set by the court for a different date. At the pre-hearing, you’ll present your case and evidence (including documents, photos, and witnesses that support your claim) before the court commissioner or judge. Beforehand, review the evidence you believe will be presented against you by the other party. Many cases can be resolved at this pre-hearing stage.
If your case is not resolved, a hearing date will be set. At this hearing, you’ll once again present your evidence and witnesses. While the evidence rules are relaxed a bit in small claims court, you must still present your testimony based on personal knowledge of the facts.
If you win the case, the judge will issue a judgment in your favor, and it will be your responsibility to collect the judgment. If you lose, you have the right to appeal the decision. Appeals must be filed within a specific time frame, generally within 10 days. You may need to take additional steps to collect the judgment if the defendant does not pay voluntarily. Options include wage garnishments, property liens, or other court-ordered collection methods.
Likelihood of Winning Your Case
Your probability of success in small claims court hinges largely on the strength and clarity of your evidence and the defendant’s willingness to resolve the matter. Well‑documented claims not only improve your odds at trial but also encourage early settlements, saving both parties time and expense.
- Case strength through evidence: Photographs of damaged property, written contracts or agreements, itemized receipts, text or email exchanges, and any other contemporaneous records form the backbone of a compelling claim.
- Demonstrating seriousness: Simply filing a lawsuit signals to the defendant that you are committed to pursuing the debt or damages, often motivating them to negotiate rather than face the court process.
- Early settlements: Many disputes resolve before the hearing date—your demand letter and court filing can prompt the defendant to offer a lump‑sum payment or structured settlement to avoid the uncertainty of a judgment.
- Role of clear documentation: Organizing your evidence into a concise exhibit notebook or digital folder helps you—and a potential mediator—quickly grasp the merits of your position, making settlement discussions more productive.
Legal guidance: A lawyer can help you assess the sufficiency of your evidence, craft persuasive settlement proposals, and, if necessary, prepare you to present your strongest case at trial.
Enforcing and Collecting Your Judgment
Winning in small claims court is only the first step, collecting what you’re owed may require further legal action based on the defendant’s financial circumstances. The court provides several tools you can use to enforce your judgment, each with specific procedures and documentation requirements.
- Wage garnishment: You can request a court order directing the defendant’s employer to withhold a portion of their wages and send it to you until the judgment is paid. This typically involves filing a garnishment motion, calculating the appropriate withholding amount, and addressing any employer concerns.
- Bank account levy: If you know where the defendant banks, you may be able to ask the court to approve a levy on their account. This allows you to collect funds directly from their checking or savings account. Properly preparing and serving the paperwork is critical for this process to succeed.
- Property liens and levies: You can file a lien against the defendant’s real estate or place a levy on personal property such as vehicles or equipment. This can prevent the sale or refinancing of assets until the judgment is satisfied. It usually requires a title search and recording the lien with the appropriate agency.
- Debtor’s examination: You have the right to subpoena the defendant to appear in court and answer questions under oath about their finances. This process can reveal income sources, assets, or property that may be used to satisfy the judgment.
- Payment plans: If the defendant doesn’t have the means to pay in full, the court may approve a payment plan. These installment agreements allow for gradual repayment and can include provisions to return to court if the defendant fails to make scheduled payments.
Assessing ability to pay: Before choosing an enforcement method, it’s important to consider the defendant’s financial status. Some debtors may not have any collectible assets, and pursuing collection may not be cost-effective. Reviewing available information can help you make informed decisions about the best way forward.
When is small claims court the best option?
Small claims court is certainly an option if your personal injury claim is worth less than $5,000. Professional legal assistance can help you determine the value of your case so you can make the decision that’s right for you. Our seasoned personal injury attorneys have represented many people who have been injured by the negligence of others in Wisconsin and beyond, and it was our experience and compassion that helped those injured people better understand if their case needed to be elevated out of small claims court. Read our blog on what you should look for when it comes to finding and hiring a personal injury lawyer to help you help navigate these tricky situations.
Alternatives to Small Claims Court
Before proceeding to court, exploring other dispute‑resolution options can save you time, money, and preserve relationships. Below are several paths you can take instead of—or alongside—a small claims lawsuit:
- Mediation: A neutral third party facilitates a structured negotiation between you and the other side. Mediation is generally informal, confidential, and ideal when you have an ongoing relationship with the defendant (e.g., landlord, neighbor, business partner).
- Arbitration: A private, more formal process where an arbitrator hears evidence and issues a decision that is usually binding and enforceable like a court judgment. Arbitration can be faster than court, but it often involves fees for the arbitrator’s services.
- Internal complaint or warranty claim: Before filing court papers, you may lodge a formal complaint with the company’s customer service, warranty department, or dispute‑resolution unit. Many businesses will resolve valid claims to maintain customer goodwill.
- Demand letter or negotiation: A well‑crafted demand letter—sometimes drafted by an attorney—can prompt payment or settlement without resorting to court, leveraging the cost and hassle of litigation to strengthen your position.
- Moving on: If the amount in dispute is low, the defendant has no assets, or the cost of collection outweighs the benefit, you may decide to forgo the claim altogether and allocate your resources elsewhere.
Professional guidance: An attorney or experienced dispute‑resolution specialist can advise you on the best approach, draft mediation briefs, review arbitration clauses, and negotiate on your behalf to achieve a fair outcome.
We can help you
With locations in downtown Milwaukee, Mequon, West Bend, Waukesha, and the south side of Milwaukee, getting advice from our award-winning team is easy and convenient for everyone in southeastern Wisconsin. Contact our team at Murphy & Prachthauser today to help determine what your case is worth.
Frequently Asked Questions
What is the maximum amount I can recover in Wisconsin small claims court?
In Wisconsin you may file a small claims case for:
- Money judgments: Up to $10,000
- Tort or personal‑injury claims: Up to $5,000
Amounts exceeding these caps must be filed as a regular civil action in circuit court.
How long does the small claims process typically take in Wisconsin?
From filing through judgment, most Wisconsin small claims cases resolve in 2–4 months, though delays can occur if service of process is difficult, hearings are continued, or additional motions are filed.
Can I appeal or request a new trial if I disagree with the decision?
- Commissioner’s decision: You may demand a “trial de novo” before a circuit court judge within 10 days of an oral decision or 15 days of a written decision.
- Judge’s decision: You may appeal to the Wisconsin Court of Appeals. Appeals must be filed within 45 days of the clerk’s notice of entry (or 90 days if no formal notice), with a $195 appeal fee plus transcript costs.
May I have an attorney represent me in small claims court?
Yes. While Wisconsin’s small claims process is designed for self‑representation, either party may choose to be represented by counsel. An attorney can help with preparing documents, gathering evidence, and advising on procedure.
What are the filing fees, and can I recover them if I win?
- Typical filing fee: $94.50 in Dane County (fees may vary slightly by county).
- Additional costs: Service‑of‑process fees (e.g., sheriff or process server), mailing fees, and any garnishment filings.
If you prevail, you can request that these court costs be included in your judgment, making the defendant responsible for reimbursing them.
What happens if the defendant fails to appear at the hearing?
If the defendant has been properly served and does not appear by the return date, you may obtain a default judgment. The court will typically grant the relief you requested without further testimony.
How do statutes of limitations affect my ability to file?
Although small claims has its own monetary limits, you must still file within the underlying claim deadlines:
- Written contracts: 6 years from breach.
- Oral contracts and most torts (including personal injury): 3 years from the date of injury or breach.
- Security deposit or landlord‑tenant disputes: Often 3 years, but certain housing statutes may vary.
Filing after these deadlines will result in dismissal for being time‑barred.