How to File a Small Claims Lawsuit in Wisconsin (2026)
Reviewed by DocDraft Legal Team · Wisconsin · Last updated May 12, 2026
Wisconsin Circuit Court handles small claims up to $10,000, with a $5,000 cap on tort claims, under Wis. Stat. Chapter 799. Filing fees are $22 plus roughly $5 to $15 per defendant for service by mail. The statute of limitations is 6 years for written contracts and 3 years for personal injury.
How do I file a small claims lawsuit in Wisconsin?
File a Summons and Complaint (form SC-500) at the Circuit Court in the county where the defendant lives or where the cause of action arose under Wis. Stat. § 799.11. Pay the $22 base filing fee under § 814.65, plus $5 to $15 per defendant for clerk-mailed service. Trial is usually scheduled within 30 to 60 days.
What forms do I need to file small claims in Wisconsin?
The principal forms are the Summons and Complaint (SC-500) and the Return of Service (SC-501), available on the Wisconsin Court System website at wicourts.gov. For fee waiver use form CV-410 (Petition for Waiver of Fees and Costs). For evictions and replevin, additional summons variants apply, all listed under the Circuit Court small claims forms index.
How is the defendant served in Wisconsin small claims court?
Under Wis. Stat. § 799.12, the Circuit Court clerk serves the Summons and Complaint by first-class mail with an affidavit of mailing. The plaintiff pays a per-defendant mailing fee of $5 to $15 included in filing. Personal service by sheriff or private process server is available for additional cost when first-class mail fails or is contested.
When is my Wisconsin small claims court hearing scheduled?
The first appearance (return date) is usually scheduled 30 days after filing under Wis. Stat. § 799.05. If the defendant appears and contests, the case is set for a trial date typically 30 to 60 days later. If the defendant fails to appear or answer, the plaintiff can request a default judgment under Wis. Stat. § 799.22.
Wisconsin small claims at a glance
Wisconsin has one of the lowest small claims filing fees in the United States at just $22 under Wis. Stat. § 814.65, less than half of Illinois's $87 and a fraction of Cook County's $268. Service by clerk-mailed first-class mail under Wis. Stat. § 799.12 costs as little as $5 per defendant, putting total filing-and-service cost under $40 for a single-defendant case. Wisconsin's Chapter 799 also covers eviction and replevin with no dollar ceiling, making it the procedural front door for nearly every landlord-tenant dispute in the state. The 6-year property-damage SOL under § 893.52 is unusually long for the Midwest. Most neighboring states cap property damage at 2 to 3 years. The general money-claim cap is $10,000, dropping to $5,000 for tort and third-party complaints.
Filing cost example: $7,000 unpaid contract claim
Suppose a client owes you $7,000 on a written services contract. The statute of limitations for written contracts in Wisconsin is 6 years under Wis. Stat. § 893.43, so you must file within 6 years of the missed payment. The base filing fee in Circuit Court Small Claims is just $22 under § 814.65, plus roughly $5 to $15 per defendant for clerk-mailed service under § 799.12. Total upfront cost is typically under $40. The first appearance is usually 30 days after filing, with trial 30 to 60 days later. After winning, post-judgment interest accrues at 1% above prime under § 815.05(8), roughly 9.5% in 2026. If the defendant pays in 30 days, you collect $7,000 plus filing and service. If unpaid for 1 year, you are owed roughly $7,665.
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Relevant Documents
Billing Dispute Letter
A formal letter to the company or service provider detailing the nature of the billing dispute, including specific charges being contested, reasons for the dispute, and requested resolution. This document establishes a paper trail of your dispute attempt.
Promissory Note
This document is your written promise to repay the loan according to specific terms. It's often simpler than the full loan agreement but creates a legally binding obligation to repay the borrowed funds.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Local Courthouses
Milwaukee County Circuit Court
901 N 9th St, Milwaukee, WI 53233
Dane County Circuit Court (Madison)
215 S Hamilton St, Madison, WI 53703
Waukesha County Circuit Court
515 W Moreland Blvd, Waukesha, WI 53188
Brown County Circuit Court (Green Bay)
100 S Jefferson St, Green Bay, WI 54301
Racine County Circuit Court
730 Wisconsin Ave, Racine, WI 53403
Relevant Laws
Wis. Stat. Chapter 799 (Small Claims Actions)
Governs small claims procedure in Wisconsin Circuit Court including jurisdiction, filing, service, hearings, and judgments.
Wis. Stat. § 799.01 (Jurisdictional Limits)
Sets the $10,000 general cap, $5,000 tort cap, and no cap for evictions and replevin in Wisconsin small claims.
Wis. Stat. § 893.43 (Statute of Limitations: Contracts)
Sets the 6-year limitations period for written and oral contract actions in Wisconsin.
Wis. Stat. § 815.05(8) (Post-Judgment Interest)
Sets the post-judgment interest rate at 1% above the prime rate per year on Wisconsin court judgments.
Wisconsin Court System: Small Claims Self-Help
Official Wisconsin Court System portal for Small Claims forms (SC-500), fee waivers (CV-410), court directory, and procedural guides.
Regional Variances
Statute of Limitations for Common Claims in Wisconsin
Written contract
6 years (Wis. Stat. § 893.43)
Oral contract
6 years (Wis. Stat. § 893.43)
Property damage
6 years (Wis. Stat. § 893.52)
Personal injury
3 years (Wis. Stat. § 893.54)
Debt collection
6 years (Wis. Stat. § 893.43)
Suggested Compliance Checklist
Send a demand letter (recommended)
30 days before filing days after startingSend a written demand by certified mail with return receipt. Wisconsin does not require a demand letter, but Circuit Court judges expect to see one. Keep a copy and proof of mailing.
Confirm the applicable cap (money vs tort vs eviction)
Before filing days after starting$10,000 for general money claims, $5,000 for tort and third-party complaints, no cap for evictions or replevin under Wis. Stat. § 799.01.
Verify SOL: 6 years contracts, 3 years personal injury
Before filing days after startingWritten and oral contracts get 6 years under § 893.43. Property damage gets 6 years under § 893.52. Personal injury gets 3 years under § 893.54.
Gather evidence and witnesses
Before filing days after startingCollect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the judge, the defendant, and yourself.
File Summons and Complaint (SC-500) via wicourts.gov
Within applicable SOL days after startingFile at the Circuit Court in the county where the defendant lives or where the cause of action arose. Wisconsin eFiling covers all 72 counties. Pay the $22 fee plus $5-$15 per defendant.
Confirm clerk-mail service
Before return date days after startingUnder Wis. Stat. § 799.12, the clerk serves by first-class mail with affidavit. Track the case docket for the affidavit. Switch to sheriff service if mail fails.
Attend return date and trial with all evidence
30 days (return date), 30-60 days later (trial) days after startingFirst appearance is 30 days after filing under § 799.05. If contested, trial follows. Bring three copies of every document and all witnesses.
Collect the judgment
After 45-day appeal window closes days after startingUse executions under Wis. Stat. Chapter 815 and earnings garnishment under Chapter 812. Post-judgment interest accrues at 1% above prime under § 815.05(8).
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Send a demand letter (recommended) | Send a written demand by certified mail with return receipt. Wisconsin does not require a demand letter, but Circuit Court judges expect to see one. Keep a copy and proof of mailing. | demand-letter | 30 days before filing |
| Confirm the applicable cap (money vs tort vs eviction) | $10,000 for general money claims, $5,000 for tort and third-party complaints, no cap for evictions or replevin under Wis. Stat. § 799.01. | - | Before filing |
| Verify SOL: 6 years contracts, 3 years personal injury | Written and oral contracts get 6 years under § 893.43. Property damage gets 6 years under § 893.52. Personal injury gets 3 years under § 893.54. | - | Before filing |
| Gather evidence and witnesses | Collect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the judge, the defendant, and yourself. | - | Before filing |
| File Summons and Complaint (SC-500) via wicourts.gov | File at the Circuit Court in the county where the defendant lives or where the cause of action arose. Wisconsin eFiling covers all 72 counties. Pay the $22 fee plus $5-$15 per defendant. | - | Within applicable SOL |
| Confirm clerk-mail service | Under Wis. Stat. § 799.12, the clerk serves by first-class mail with affidavit. Track the case docket for the affidavit. Switch to sheriff service if mail fails. | - | Before return date |
| Attend return date and trial with all evidence | First appearance is 30 days after filing under § 799.05. If contested, trial follows. Bring three copies of every document and all witnesses. | - | 30 days (return date), 30-60 days later (trial) |
| Collect the judgment | Use executions under Wis. Stat. Chapter 815 and earnings garnishment under Chapter 812. Post-judgment interest accrues at 1% above prime under § 815.05(8). | - | After 45-day appeal window closes |
Frequently Asked Questions
Wisconsin's small claims general cap is $10,000 under Wis. Stat. § 799.01, with a lower $5,000 cap for tort claims and third-party complaints. There is no dollar limit for evictions or replevin actions, making Chapter 799 the procedural front door for almost every landlord-tenant dispute. Claims above the caps go on the regular Circuit Court civil docket.
The base filing fee in Circuit Court Small Claims is just $22 under Wis. Stat. § 814.65, the lowest in the Midwest. Add $5 to $15 per defendant for clerk-mailed service under § 799.12. Total upfront cost is typically under $40 for a one-defendant case. Indigent filers can petition for fee waiver under § 814.29.
Yes. Attorneys are permitted in Wisconsin Circuit Court Small Claims actions for both plaintiffs and defendants. Corporations may appear through an attorney, or through a non-attorney representative for routine debt collection under Wis. Stat. § 799.06(2). Most pro se plaintiffs handle small claims without counsel because the procedure under Chapter 799 is intentionally simplified.
Wisconsin's statute of limitations is 6 years for written contracts under Wis. Stat. § 893.43, 6 years for oral contracts (same section), 6 years for property damage under § 893.52, and 3 years for personal injury under § 893.54. The 6-year property-damage SOL is unusually long for the Midwest. The clock starts on breach or injury.
Yes. Either party can appeal a Wisconsin Small Claims judgment to the Court of Appeals under Wis. Stat. § 808.04. The Notice of Appeal must be filed within 45 days of the judgment (or 90 days if no notice of entry of judgment is given). Appeals are on the record, not de novo. Most small claims appeals are dismissed for procedural defects.
After the 45-day appeal window, you can collect using executions under Wis. Stat. Chapter 815 and earnings garnishment under Chapter 812 (limited to 20% of disposable income). Judgments docketed create a 10-year real-property lien under § 806.15. Post-judgment interest accrues at 1% above prime under § 815.05(8), typically around 9.5% in 2026.
Yes. Wisconsin's eFiling system is available for civil cases including small claims in all 72 counties through the Wisconsin Court System portal at wicourts.gov. Some counties mandate e-filing for represented parties; pro se plaintiffs may file in person at the clerk's office. The portal accepts the SC-500 Summons and Complaint and the CV-410 fee waiver petition.
Other Wisconsin guides
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