Small Claims
SMALL CLAIMS
2012 Small Claims Dates
2012 Calendar for Branch II
2013 Small Claims Dates
2013 Calendar for Branch II
Small Claims Court LOCAL Court Rules
Small Claims Court Local Rules
Small Claims Guides
Basic Guide
Basic Guide for Eviction
Basic Guide for Recovery of Money
Basic Guide for Replevin
Self Help Small Claims Website
Small Claims Frequently Asked Questions
Q: How much can I sue for in Small Claims Court?
Q: What if I need to sue for over the limit? Can I break it up into two small
claims cases?
Q: What's replevin?
Q: Where do I get forms to file a lawsuit? Where do I file the case?
Q: Do I have to hire an attorney to help me in Small Claims Court?
Q: How much does it cost to file a case in Small Claims Court?
Q: What if the defendant cannot be personally served?
Q: What is a Stipulated Dismissal?
Q: What do I do if the defendant has not complied with the
stipulation/agreement?
Q: What is a default judgment?
Q: What happens if I lose my case?
Q: What happens if I win my case?
Q: Can my court costs be reimbursed if I win my case?
Q: What can I do about a judgment listed on my credit report?
Q: How do I get a money judgment for eviction?
Q: What if more than 15 days have elapsed from the date of entry of
judgment and the judgment debtor has not returned the "Order for
Financial Disclosure and Disclosure of Assets" or paid the judgment?
Q: How do I schedule a hearing for contempt?
Q: Do I need to appear at the contempt hearing?
Q: May I reopen a Judgment? How?
Q: What's a trial de novo?
Q: What is earnings garnishment and how does it work?
Q: How much can I sue for in Small Claims Court?
A: The limit is $10,000.00 for money judgments, replevins, attachments,
garnishments and $5,000.00 for personal injury, tort, and third party
complaints.
Q: What if I need to sue for over the limits? Can I break it up into two small claims cases?
A: You're restricted to the small claims jurisdiction per defendant. Anything
over the limit amount is a large claims civil case.
Q: What's a replevin?
A: An action for the recovery of an item that hasn't been paid for or been
wrongfully taken.
Q: Where do I get forms to file a lawsuit? Where do I file the case?
A: To initiate a Small Claims case, go to the Self-Help Small Claims Website
to obtain and fill out the forms. If the case involves a consumer transaction,
it should be filed in the county where the customer lives, or where the
purchase was made, or where the collateral is located. For other types of
cases, it should be filed in the county where the claim arose, or where the
property is located, or where the defendant lives or does substantial
business.
Q: Do I have to hire an attorney to help me in Small Claims Court?
A: It is your choice whether to retain an attorney. Representation is not
required.
Q: How much does it cost to file a case in Small Claims Court?
A: Various fees must be paid, and many are subject to change. Presently
the filing fee is $94.50.
Q: What if the defendant cannot be personally served?
A: You must fill out an amended summons and complaint to get a new court
date. You can then proceed with personal service again or proceed with
publication and mailing to the defendant. An affidavit of mailing must be
filed with the court along with the proof of publication before the scheduled
return date.
Q: What is a Stipulated Dismissal?
A: A stipulated dismissal is an agreement between the parties. If the
agreement is not followed, the plaintiff can file an affidavit of default
wherein the judgment can be entered without notice to the defendant(s).
Cases ending in a stipulated dismissal are still listed in the CCAP/WCCA
database.
Q: What if the defendant does not make the payments/follow agreement, I/We agreed to in court or prior to court.
( There are 2 Forms, Affidavit of Non Compliance – Money Judgment) Affidavit of Non Compliance – Eviction)
A: If there is non compliance with the agreement between the parties then
the Plaintiff needs to file and Affidavit of Non compliance and Affidavit of
Mailing with the Clerk of Courts office and mail a copy of the Non
Compliance to the Defendant(s). Once the Affidavit of Non Compliance
and Affidavit of Mailing has been received by the Clerk of Courts the form
is then sent down to the Judge for signature. Once the form is signed by
the judge, the case is reopened and judgment entered for the amount
indicated on the Affidavit of Non Compliance.
If the original Summons & Complaint was for eviction and the Stipulation
included a date to vacate the premises then you would use the Eviction
forms.
Q: What is a default judgment?
A: A default judgment will be granted if the defendant does not appear for
the initial return date of if the defendant fails to submit a written answer as
so ordered by the court after a pretrial.
Q: What happens if I lose my case?
A: If you lose altogether or don't get all the money or property you wanted,
you may take your case to the court of appeals. The appeal fee is $195,
plus a $15 record transmittal fee. You must also pay for the preparation of
the transcript. Since an appeal is complicated, you may wish to seek legal
advice. Please see the citizens guide for filing an appeal at:
http://wicourts.gov/ca/citizensguide.pdf
Q: What happens if I win my case?
A: If you win a money judgment, the Small Claims Court will order the party
owing money under the decision to fill out a financial disclosure form and
send it to you within 15 days after the judgment was filed. If the defendant
doesn't pay, you may docket the judgment at the Clerk of Courts office.
The docketed judgment then acts as a lien on the defendant's real estate
owned in Portage County. If the defendant fails to file the required financial
disclosure form, you can ask the court to hold the defendant in contempt.
One of several ways to try to enforce a judgment is by "garnishment."
Garnishment is an action to withhold part of a person's wages or bank
accounts to pay off the judgment. A garnishment can be filed in Small
Claims Court, just as the original case was. Part of the judgment debtor's
wages are exempt from garnishment.
Q: Can my court costs be reimbursed if I win my case?
A: Yes, but only some costs. You will not receive reimbursement for lost
wages or transportation but you can receive reimbursement for the cost
to file the case, the cost to serve the summons and petition, to subpoena
witnesses, and for garnishment costs. You can also receive limited attorney
fees. Please see the table in the Guide to Small Claims Court for the
amount of reimbursement allowed for attorney fees.
Q: What can I do about a judgment listed on my credit report?
A: If the judgment has been satisfied (Paid in Full), you may file a
Satisfaction of Judgment form (mandatory form GF-129) and pay
a $5.00 fee to clear the judgment.
Q: How do I get a money judgment for eviction?
A: In a nutshell:
File for an eviction in Small Claims court.
Win the eviction action and obtain a judgment.
Pay a $5 docketing fee to have the Small Claims Court put a lien on
person's property and pay a $5 fee for a writ of assistance for the Sheriff
to serve so you can obtain possession of the premises.
File a motion for additional damages form with Clerk of Courts for your
additional rent and damages within 90 days of the date that the judgment of
eviction was granted.
Obtain an amended judgment for additional expenses if your motion is
granted by the court.
Q: What if more than 15 days have elapsed from the date of entry of judgment and the judgment debtor has not returned the "Order for Financial Disclosure and Disclosure of Assets" or paid the judgment?
A: If the judgment debtor does not provide the financial disclosure statement
as required, you may petition a judge to have the judgment debtor found in
contempt of court.
Q: How do I schedule a hearing for contempt?
A: Complete the contempt form at the Clerk of Courts office. The clerk will
schedule the hearing with the next available judge on the appropriate
schedule. You must have the defendant personally served.
Q: Do I need to appear at the contempt hearing?
A: If the debtor appears at the hearing, they will be instructed to complete
the financial disclosure form. If the creditor does not appear at the hearing
(or does not provide proof of service), the contempt can be dismissed.
If the debtor does not file the financial disclosure statement prior to the
hearing or appear at the hearing, the judge may issue a bench warrant.
Q: May I reopen a judgment? How?
A: A party may reopen a default judgment within 12 months. You must file a
petition to reopen (no filing fee). A hearing will be set to consider the
reasons for the request to reopen.
Q: What's a trial de novo?
A: A "trial de novo" is a retrial of a case. When a Small Claims case is heard
by a commissioner, the commissioner will either make an oral decision at the
hearing or mail a written decision within 30 days of the hearing. The
commissioner will provide instructions for appealing a court commissioner's
decision to all parties. A party may demand a new trial before a Circuit Court
Judge (trial de novo demand) by filing a written demand for a new trial. The
written demand must be filed within 10 working days of the commissioner's
oral decision, or within 15 days of a written decision. The form "Demand for
Trial De Novo" is available from the Clerk of Courts office.
Q: What is earnings garnishment and how does it work?
A: A creditor who is trying to collect an unsatisfied civil court judgment
against a debtor may start a garnishment action to recover the money
owed. This may include interest and other costs, which are deducted
from earnings payable to the debtor. The employer, who makes payment
directly to the creditor, is called the garnishee. For example, if a court
finds that you (debtor) owe a former landlord (creditor) back rent,
the landlord can ask the court to order your employer (garnishee)
to pay part of the rent you owe directly to the landlord. There are
limits to the amount that can be taken out of each paycheck. More
garnishment information is in the Guide to Small Claims Court.
Filing Fees
List of Small Claims Fees
To Start a Small Claims Action
Small Claims Filing Instructions
Summons and Complaint with Instructions
Affidavit of Non-Military
Consuer Replevin Summons
Starting a Small Claims Action:
Before Filing
Where to File
How to File a Small Claims
How to File an Answer to a Small Claims
Service of Summons and Complaint
Courtroom Information
Pre-Judgment Information on Replevin, Recovery of Money, or Eviction
Before filing
Before starting a small claims action it is suggested that you make a formal written demand for payment to the other party. Send a certified letter asking for settlement. Make it clear you intend to take legal action if settlement cannot be reached; informing them that all court costs will be added to the amount you are seeking. Allow a reasonable amount of time for the other party to contact you before commencing the action.
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Where to file:
Small Claims actions are filed in the county where the defendant lives or where the action took place. Landlord/tenant disputes may be taken to court in the county where the property lies or where the defendant lives.
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How to file:
In order to file a small claims action, you must provide the Clerk of Courts with the original paperwork, one copy for you to keep for your records, and two copies for each party that you are suing.
The filing fee for a small claims action is $94.50 and is payable upon filing the case at the Clerk of Courts office. Filing fees cannot be refunded if for any reason you cannot proceed with your action. All legal questions should be directed to an attorney. The Clerk of Courts office cannot give legal advice. For the statutes governing small claims actions see Chapter799 of the Wisconsin Statutes.
If your claim is for money, it must not exceed $10,000.00 EXCEPT for a $5,000.00 limit on personal injury, tort, and third party complaints. A corporation must be represented by an attorney or a full-time employee authorized to act on its behalf. Failure to appear by the plaintiff, plaintiff’s attorney or full-time employee authorized to appear will result in a dismissal of the case. When preparing your Summons and Complaint, if you wish to attach any proof to your claim you must provide the appropriate number of copies.
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Service of Summons and Complaint
Add $2.00 per defendant - Portage County address only.
Any address outside of Portage County will require personal service required by the Sheriff’s Department or a Personal Process Server .
If the address is the same for all defendants we still have to mail a copy to the address for each defendant. We cannot mail 1 summons and complaint for multiple defendants to the same address.
If you are filing for Eviction or Replevin, those cases types Personal Service on the defendant is required.
Non Service or mailing returned Undeliverable Steps for Alternate Service (Publication):
If the summons and complaint was returned undeliverable to the Clerk of Courts office you will receive notice of this. Also, if you are unable to obtain service on the defendant these are the steps to follow.
Alternative Service is Legal Notice in the newspaper most circulated in the area the defendant last resided. (link to Publication Notice, Publication Summons, Published Notice)
You need to contact that newspaper to make arrangements for publication. Small claims is a Class 1 notice, must run once at least business days prior to the court date, and also mailing of the summons and complaint to the defendant at their last know address.
Court Information:
Small Claims Court return dates are scheduled for the entire year ahead of time by the court handling Small Claims Cases for the year. Please see the Small Claims Court Calendar (Link to Calendar here)
At the return date, if plaintiff appears and defendant does not appear, a default judgment may be granted by the court.
If plaintiff and defendant appear and the case is contested, the Judge will hear the case that morning and give a decision to the parties.
Some parties will enter into a stipulated dismissal. This can happen when a written agreement is made between the parties. The judge will dismiss the action pending that the defendant follows through with this signed agreement
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Rescheduling/Adjournment of a Small Claims Action:
If you are the party requesting the Small Claims date be moved to a different small claims date due to conflicting schedules or any other reason you, (the moving party) needs to contact the other party involved in the Small claims action and request the small claims date be moved. If the other party agrees to the adjournment, that party needs to contact the Small Claims clerk at 715-346-1637, and indicate they spoke with the other party and are in agreement to have the Small Claims case rescheduled.
If the party is not in agreement to rescheduling the Small Claims case, you can write a letter to the Judge, indicate that you contacted the other party and they denied your request for rescheduling. It is then up to the court to decide if the rescheduling/adjournment is going to be granted.
A copy of your letter to the court also needs to be sent to the other party, and in your letter to the court you need to indicate that you are sending a copy to the other party involved in the action.
How to File an Answer to a Small Claims:
Pre-Judgment - Basic Steps for Filling an Answer to a Small Claims Report:
Pre Judgement Forms
Stipulation Documents- (Agreement Reached Between the Parties Before Court Date)
Stipulation & Order for Dismissal (Eviction)
Stipulation & Order for Dismissal (Non-Eviction)
Answer Counterclaim
Publication Notice
Publication Summons
Published Notice
Answer and Counterclaim
Post Judgement Information
Methods of Collection, Plaintiff
Small Claims Info to Plaintiff
Methods of Collection
Post Judgment Collecting on your Money Judgment
Post Judgment Collection on your Replevin Judgment
Post Judgment Execution Against Property Instructions
If you missed your court date and Case was Dismissed (Plaintiff)
OR Default Judgement was granted against you (Defendant(s)):
Motion to Reopen (Plaintiff or Defendant)
Petition to Answer to Reopen Small Claims Judgment (Defendant)
Garnishment Forms
Basic Guide – Earnings Garnishment
Earnings Garnishment Notice
Instruction Sheet Once You File Garnishment
Objection to Debtors Answer and Demand for Hearing
Garnishee Answer to Creditor
Debtors Answer
Defendant Instruction Sheet
Garnishment Exemption Notice
Exemption Worksheet
Poverty Guidelines
Non-Earnings Garnishment
Garnishee Answer for Non-Earnings
Non-Earnings Garnishment Notice
Motion & Order for Hearing On Contempt
Instructions for Filing Contempt
Contempt Form
Instruction Sheet for Defendants – (If Judgment was taken against you ONLY)
Small Claims Info for Defendant
Non-Compliance Forms- (If the Plaintiff or Defendant DOES NOT Comply with Stipulated Agreement)
Instructions for Filing Affidavit of Non Compliance
Affidavit of Mailing for Non-Compliance
Instructions for Non-Compliance
Affidavit of Non-Compliance with Agreement (Non-Eviction)
Instructions for Non-Compliance Eviction
Affidavit of Non-Compliance with Agreement (Eviction)
Other Documents
Satisfaction of Judgment
Satisfaction - Summary