Wisconsin Summons for Consumer Repletion (Small Claims) is a legal document issued by a Wisconsin court, typically as part of a civil lawsuit. It requires the defendant (person or entity against whom the case is brought) to appear in court on a certain date to answer the claims of the plaintiff (person or entity bringing the case). The summons is usually issued when the plaintiff is seeking to repossess goods that have been wrongfully taken by the defendant. The summons will typically include the date, time, and location of the court hearing, as well as the plaintiff's claims and the consequences if the defendant fails to appear. The two main types of Wisconsin Summons for Consumer Repletion (Small Claims) are a Summons and Complaint and a Notice of Hearing. A Summons and Complaint is a document that explains the legal claims of the plaintiff and informs the defendant that their presence is required in court. A Notice of Hearing is a document that simply informs the defendant of the date, time, and location of the court hearing.
Wisconsin Summons for Consumer Replevin (Small Claims)
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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.
By a preponderance of the evidence A preponderance of the evidence is the most common standard for proving claims in civil proceedings. It is well established that it requires the party asserting a claim to prove that the claim he or she is making is more likely true than not.
Stat. § 810.14. In any action of replevin judgment for the plaintiff may be for the possession or for the recovery of possession of the property, or the value thereof in case a delivery cannot be had, and of damages for the detention; and when the property shall have been delivered to the defendant, under s.
Replevin, also known as "claim and delivery," is an action to recover personal property that was wrongfully taken or detained. Unlike other forms of legal recovery, replevin seeks the return of the actual thing itself, as opposed to monetary damages (the more commonly sought-after remedy).
The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based ? in other words, why the filing party is entitled to seize the property that has been taken.
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
Replevins are small claims actions seeking the return of movable property (not real estate or money). The property claimed does not exceed $5,000 or, for return of property that was the subject of a lease or credit from a dealer, does not exceed $25,000.