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You may not need an attorney, and the rules are simpler than in most court proceedings. Any individual and any corporation doing business in Wisconsin can sue or be sued in small claims court. Small claims court may only be used for certain types of cases.
Civil Fees Filing FeesAppeal from Municipal CourtOn the record or by certiorari129.50Occupational Driver's License PetitionHabitual traffic offenders and appeals from DMV only40.00Small ClaimAction equal to or less than $10,00094.50Small Claim CounterclaimAction over $10,000125.5029 more rows
If you do not appear or file a written answer, a default judgment will likely be granted against you and in favor of the plaintiff for what the plaintiff is asking for in the Summons and Complaint, plus statutory court costs.
Each party bears the burden of proving his or her claim(s) ?by the greater weight of the credible evidence.? The plaintiff presents his or her evidence first; then the defendant is able to present his or her evidence. After swearing or affirming to testify truthfully, state the facts clearly and concisely.
Small claims court is limited to claims of $10,000 or less. However, third-party complaints, personal injury claims, and actions based in tort are limited to claims of $5,000 or less. Claims exceeding the maximum amount allowed must be filed in civil court.
How much does it cost to sue in small claims court? Various fees and surcharges must be paid, and many are subject to change. Presently the filing fee is $94.50. In Milwaukee County the fee is $98.
This website provides public access to the records of the Wisconsin circuit courts for counties using the Consolidated Court Automation Programs (CCAP) Case Management system. These records are open to public view under Wisconsin's Open Records law, sections 19.31-19.39, Wisconsin Statutes.