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Go to the courthouse. The small claims court clerk will supply you with the necessary forms (a summons and a complaint form) to begin your action. List your name as the plaintiff. You are the person filing the lawsuit.
In small claims court, you can handle your personal or business legal matters without an attorney; however, you can hire an attorney to represent you if you wish.
A Writ of Restitution orders the Sheriff or his designee to remove the defendant from the premises so that the rightful owner may have possession of the same and to satisfy the judgment for costs.
If no request for a trial is filed on time, the Commissioner's decision is the final decision of the Small Claims Court. This is usually before a Circuit Judge, but can be before a jury. There is no extra fee for this trial, unless a jury is requested.
There are no statewide, standard forms for large claims. You must draft your own documents. Start a civil lawsuit by filing a summons and a complaint. Summonses and complaints will be different in each case. The court cannot specify what information these documents should contain.
Wisconsin's statutes of limitations range from two to six years depending on the type of case. The statutory clock starts ticking typically on the date of the incident or the discovery of the harm. Statute of limitations laws are designed to create general fairness and practicability when people are filing lawsuits.
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.