Wisconsin Small Claims Forms

Wisconsin Small Claims Court FAQ

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

Top Questions about Wisconsin Small Claims Forms

  • Who pays lawyer fees in small claims court?

    In small claims court, each party typically bears their own legal fees, which means that you may end up paying for your lawyer if you choose to hire one. The judge usually does not award attorney fees, but there are exceptions if a contract stipulates otherwise. Using Wisconsin Small Claims Forms helps clarify details and processes, potentially reducing misunderstandings surrounding fees. It's crucial to plan ahead to avoid unexpected expenses.

  • How often do tenants win in small claims court?

    Tenants can and do win cases in small claims court, but outcomes depend on the evidence presented. Courts rely heavily on documents and facts, so proper preparation is essential. Utilizing Wisconsin Small Claims Forms effectively can significantly enhance your case by providing clear and organized information. Remember, understanding your rights and responsibilities aligns with achieving a favorable outcome.

  • Is it worth taking someone to small claims court?

    Taking someone to small claims court can be worthwhile, especially if you have a valid claim and the potential for recovery is substantial. The process allows you to resolve disputes more quickly than traditional courts with less formality. Assess your circumstances, and consider using Wisconsin Small Claims Forms to ensure you follow the correct procedure. Your situation may warrant the effort, leading to a satisfactory resolution.

  • Do you need a lawyer for small claims court in Wisconsin?

    You do not need a lawyer to file Wisconsin Small Claims Forms, as small claims court is designed for individuals to represent themselves. Many people opt to go without legal representation due to the simplified procedures. However, having a lawyer can help you navigate the process and strengthen your case. It's wise to evaluate your situation and consider professional guidance if needed.

  • What is the burden of proof in small claims court in Wisconsin?

    In Wisconsin small claims court, the burden of proof lies with the plaintiff, meaning you must provide sufficient evidence to support your case. Typically, this involves demonstrating that it is more likely than not that your claims are valid. Having accurate evidence and using Wisconsin Small Claims Forms can help clarify your position in court.

  • Is suing someone worth it?

    Suing someone can be a worthwhile pursuit if you have valid claims and the potential for recovery. However, consider the emotional and financial investments required. Utilizing Wisconsin Small Claims Forms can simplify the process and save you time, increasing the likelihood of a successful resolution.

  • Is it worth going to small claims court for $500?

    Deciding whether to go to small claims court for $500 depends on the complexity of your case and the effort needed to pursue it. If you believe you have a strong claim and are willing to invest time and resources, it may be worth considering. Wisconsin Small Claims Forms can streamline your filing process, making it easier to fight for your rights.

  • What percentage of people win in small claims court?

    Success rates in small claims court can vary significantly based on the nature of the case. Generally, about 50% of plaintiffs see favorable outcomes in such cases. Using Wisconsin Small Claims Forms can help you adequately present your case, which may improve your chances of winning.

  • What is the lowest amount for small claims court?

    In Wisconsin, the small claims court typically handles cases involving claims up to $10,000. This limit allows individuals to seek justice without engaging in lengthy litigation. If your claim is below this threshold, you may consider using Wisconsin Small Claims Forms to file your case effectively.

  • How long do you have to sue someone in Wisconsin?

    In Wisconsin, you generally have six years to file a lawsuit for most civil claims. This time frame applies when dealing with contractual disputes or claims for property damage. However, for small claims related to debt collections, you have a shorter timeframe of only six years from the date the debt became due. To effectively manage your case, using Wisconsin Small Claims Forms can help streamline your process and ensure you meet all necessary deadlines.