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Wisconsin · Filing guide · Small Claims Branch of the Circuit Court

How to file a small claims case in Wisconsin, step by step

Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.

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Before you file

1–3 weeks before filing

Wisconsin's small claims law doesn't require a demand before filing, though some consumer claims have their own notice rules.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

In Wisconsin you can sue for up to $10,000 in the Small Claims Branch of the Circuit Court.

Run the 60-second case check to see the last day you can file.

  • Your full name, address and phone
  • The defendant's exact legal name and a street address where they can be served (not a P.O. box)
  • The amount you're asking for and how you got that number
  • The date the problem happened
  • A short plain description of what happened

Use the company's exact legal name and serve its registered agent.

Search: Wisconsin DFI corporate records search.

  • The contract, lease, invoice or receipt
  • Photos of the damage, dated if possible
  • Texts, emails and letters with the other side
  • Two written repair estimates or proof of what you paid
  • Your demand letter and proof it was sent
  • Names and contact details of any witnesses

Fill in the claim

1–2 evenings

SC-500: Summons and Complaint (Small Claims). Get the form.

  • Who: you and the defendant, with full legal names and addresses
  • What: the agreement or event, in 2–4 plain sentences
  • When: the date it happened
  • How much: the exact amount (no more than $10,000) and how you calculated it
  • What you did: when you asked for payment and their response

Sign the summons and complaint; no notary is needed.

Bring the original plus one copy for each defendant and one for yourself.

File and pay

Filing day

Choose how you'll file:

OnlineStatewideSelf-represented people can register and e-file small claims, but it's optional. E-filing adds $35 per party per case. Wisconsin Circuit Court eFiling
In personTake your completed SC-500 to the clerk of circuit court in the right county and pay the $94.50 fee; the clerk fills in the return date.
By mailMany clerks accept filings by mail; call to confirm the fee and how to get the stamped copies back.

Usually the county where the defendant lives or does business, or where the claim arose. With several defendants, you can file where any one of them lives.

$94.50 to file in every county. E-filing adds $35. Sheriff or process server fees are extra (for example, $60 for the sheriff in Jefferson County). Can't afford it? Ask for a fee waiver: Petition for Waiver of Fees and Costs (ask the clerk of circuit court).

The clerk stamps the summons with a case number and return date. You then arrange service by the sheriff or a process server.

Serve the defendant

Right after filing

The sheriff or a process server usually delivers the papers in person. Some counties allow mail service for local defendants; evictions and replevins need the sheriff or a process server.

At least 8 days before the return date (5 days for evictions), not counting weekends and holidays.

Affidavit or proof of service

The sheriff or process server completes it; make sure it's filed with the clerk before the return date.

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Before the hearing

1–4 weeks before

The defendant either appears on the return date or files a written answer by the date on the summons, depending on what the summons says.

If you settle, tell the clerk in writing and ask to dismiss the case, or file a stipulation.

Get any settlement in writing, signed by both sides, with the amount and payment date.

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the clerk for a subpoena and have it served on the witness with the witness fee.

  • Three copies of every document: for you, the judge and the defendant
  • A one-page timeline of what happened, with dates
  • A short sheet showing how you calculated the amount
  • Photos printed or ready on your phone (ask the clerk if screens are allowed)

The hearing

Hearing day

  • Expect the first date to be a short intake or pretrial hearing
  • Arrive early and check in with the clerk
  • Bring three copies of every document and your evidence in date order
  • Bring your witnesses, or a subpoena if they won't come voluntarily
  • Turn your phone to silent; dress neatly

What to say, in about two minutes
  1. Who you are and what you're asking for: the amount.
  2. What the agreement or situation was.
  3. What went wrong, with dates.
  4. What it cost you and how you calculated it, showing your documents.
  5. That you asked for payment and what they said.

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If the defendant doesn't appear or answer, you can get a default judgment (you may need a non-military declaration). If you don't appear, your case can be dismissed.

After the judgment

Weeks to months

If a court commissioner decides your case, either side can ask for a new trial before a judge within 10 days of an oral decision or 15 days of a written one. A judge's decision can be appealed to the Court of Appeals, usually within 45 or 90 days.

The court doesn't collect for you. You can docket the judgment, garnish wages, or ask for a writ of execution against property.

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.

Free help in Wisconsin

Wisconsin Court System: Small claims self-help

Ready to start? Check your case and create your demand letter.

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