Wisconsin Small Claims Forms - How Does Small Claims Court Work

Wisconsin Small Claims Court FAQ Small Claims Wisconsin

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Wisconsin Eviction Notices by Type

In Wisconsin, when a landlord wants to legally evict a tenant, they must provide specific types of eviction notices. There are three common types of eviction notices in Wisconsin: the 5-Day Notice for non-payment of rent, the 14-Day Notice for a lease violation, and the 28-Day Notice for month-to-month tenants. These notices give the tenant a certain amount of time to either pay the overdue rent, fix the lease violation, or move out of the rental property. If the tenant fails to comply with the notice, the landlord can then take legal action to have them forcibly removed from the property. It is important for both landlords and tenants in Wisconsin to understand the eviction notice process to ensure their rights are protected.


What is the Eviction Process in Wisconsin?

The eviction process in Wisconsin is a legal procedure that a landlord must follow in order to remove a tenant from a rental property. It begins with the landlord giving the tenant written notice, usually called an eviction notice or a notice to vacate, stating the reasons for eviction and giving the tenant a specific amount of time to either fix the problem or move out. If the tenant does not comply, the landlord can file a lawsuit, known as an eviction lawsuit or a forcible entry and detained action, with the local court. The court will then schedule a hearing to determine if the eviction is valid. If the court sides with the landlord, a writ of restitution will be issued, allowing the landlord to remove the tenant from the property with the help of the local sheriff.


Related Wisconsin Court Forms

In Wisconsin, there are various court forms that are tied to specific legal procedures and situations. These forms are designed to help individuals navigate the court system and provide necessary information. Examples of related Wisconsin court forms include divorce forms, which help couples seeking a divorce to outline their assets, debts, and child custody arrangements. Another example is small claims forms, which are used by individuals or businesses to file a claim for an amount of money they believe is owed to them. These forms are important as they ensure that the courts have all the essential details needed to handle each unique case properly.


Eviction Information for Wisconsin Landlords and Tenants

Eviction rules and information for landlords and tenants in Wisconsin are important to understand maintaining a fair and lawful rental experience. For landlords, it's vital to follow the proper eviction process when dealing with problematic tenants. This involves providing a written notice, known as an eviction notice, that informs the tenant of their violations or non-payment of rent and grants them a specific timeframe to address the issue. Tenants should be aware that failing to comply with the notice may result in the landlord seeking a court order for eviction. It is encouraged for both parties to communicate openly and seek legal advice if needed to ensure a smooth resolution to any rental disputes.