Wisconsin Summons and Complaint (Small Claims)

State:
Wisconsin
Control #:
WI-SKU-2131
Format:
Word
Instant download
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Description

Summons and Complaint (Small Claims)

Wisconsin Summons and Complaint (Small Claims) are legal documents commonly used in small claims courts in Wisconsin. These documents are used to initiate a lawsuit, and they allow a plaintiff to let a defendant know that a lawsuit has been filed against them. The Summons informs the defendant of their rights and the Complaint outlines the facts and legal claims of the plaintiff. Wisconsin Summons and Complaint (Small Claims) come in two types: a Standard Summons and Complaint and a Simplified Summons and Complaint. The Standard Summons and Complaint is used for legal claims up to $10,000, while the Simplified Summons and Complaint is used for cases involving up to $5,000. Both documents must be served upon the defendant in order for the lawsuit to move forward.

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FAQ

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.

The summons may be served in person, either inside or outside this state. A copy of the summons left at the defendant's normal residence will suffice if Wisconsin Process Service cannot be accomplished with reasonable care.

Generally speaking, if you were not served then the court can not take legal action against you. Process servers are required to show proof of due diligence when attempting to serve legal documents.

You may not need a lawyer and the rules are simpler than in most court proceedings. Any individual or corporation doing business in Wisconsin can sue or be sued in small claims court. The court may require the appointment of a guardian for those less than 18 years of age.

Personal service at least 72 hours prior to the hearing if the person is found in Wisconsin but not in the county where the hearing is being held. Motion and Order for Hearing on Contempt Must be served eight working days prior to the court date.

Deadline: The person you are having subpoenaed must be served with the forms no later than ten (10) business days before the date of the hearing. The person serving the Subpoena on the other party or witness must complete the ?Service Information? section on the original and all copies of the Subpoena form.

Wisconsin Process Serving Requirements An authenticated copy of the summons may be served by any adult resident of the state where service is made who is not a party to the action. Service shall be made with reasonable diligence.

A: The Small Claims filing fee is $94.50 plus service fees.

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Wisconsin Summons and Complaint (Small Claims)