Wisconsin Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Wisconsin: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Wisconsin
- Small claims limit
- $10,000 for money claims and replevin of property worth up to $10,000, rising to $15,000 on January 1, 2027 (2025 Wis. Act 105). Tort and personal injury claims are limited to $5,000. Evictions, earnest-money returns and certain real estate arbitration matters use small claims regardless of amount. Wis. Stat. 799.01(1)
- Filing fee
- The statutory clerk's fee to start a small claims action is $22, rising to $39 on November 1, 2026 (2025 Wis. Act 179). Service by mail costs $2 per defendant, rising to $7 on November 1, 2026 (plus the certified-mail cost when certified mail is required). A counterclaim over the small claims limit requires paying the difference up to the regular civil filing fee. Wis. Stat. 814.62(3)(a), (4)
- Are lawyers allowed?
- Yes. A party may appear personally or through an attorney licensed in Wisconsin; a lawyer is not required. Wis. Stat. 799.06(2)
- Appeals
- If a court commissioner decides the case, either party may get a new trial before a circuit judge by filing and mailing a demand for trial within 10 days of an oral decision or 15 days after a written decision is mailed. A circuit judge's judgment may be appealed to the Court of Appeals; eviction appeals must be started within 15 days of entry of judgment. Wis. Stat. 799.207, 799.445
Court: Circuit Court (small claims procedure). Last verified: 2026-10-24.
How to file a small claims case in Wisconsin
- Confirm your claim fits the small claims limits ($10,000, or $15,000 from January 1, 2027; $5,000 for tort or injury claims).
- Complete the small claims summons and complaint (the online forms assistant can help) and file with the clerk of circuit court in the proper county.
- Pay the filing fee ($22 until October 31, 2026; $39 from November 1, 2026) and any mail service fee, or arrange personal service.
- The summons sets a return date 8 to 30 days after issuance; the defendant must be served at least 8 days before it.
- On the return date the defendant answers; if the claim is disputed, the court or court commissioner sets a trial.
- If a court commissioner decides, file a demand for a new trial before a judge within 10 days (oral decision) or 15 days (written decision) if you disagree.
- After a money judgment, the debtor must file a financial disclosure within 15 days; unpaid judgments can be docketed and collected by garnishment or execution.
Can you use small claims court?
| Small claims limit | $10,000 for money claims and replevin of property worth up to $10,000, rising to $15,000 on January 1, 2027 (2025 Wis. Act 105). Tort and personal injury claims are limited to $5,000. Evictions, earnest-money returns and certain real estate arbitration matters use small claims regardless of amount. Statutes as published October 1, 2026. Source: Wis. Stat. 799.01(1) |
|---|---|
| Who can file | Any individual and any corporation doing business in Wisconsin can sue or be sued in small claims. A business may appear through a member, agent or authorized employee, but an assignee of a claim may not appear through a full-time employee unless that employee is a Wisconsin attorney. |
| Are lawyers allowed? | Yes. A party may appear personally or through an attorney licensed in Wisconsin; a lawyer is not required. Source: Wis. Stat. 799.06(2) |
Filing your case
| Where to file | Generally the county specified by the general venue statute (Wis. Stat. 801.50); consumer transaction claims follow Wis. Stat. 421.401. With several defendants, the county of any one defendant's residence may be used. A case filed in the wrong county is transferred. Source: Wis. Stat. 799.11 |
|---|---|
| Official forms | The Wisconsin form that starts a small claims case is the Summons and Complaint (Small Claims) (SC-500), available in English and Spanish and for eFiling; a version with instructions for self-represented parties is SC-500I. The court also publishes the Basic Guide to Wisconsin Small Claims Actions (SC-6000V) and offers a self-help small claims forms assistant. |
| Filing fee | The statutory clerk's fee to start a small claims action is $22, rising to $39 on November 1, 2026 (2025 Wis. Act 179). Service by mail costs $2 per defendant, rising to $7 on November 1, 2026 (plus the certified-mail cost when certified mail is required). A counterclaim over the small claims limit requires paying the difference up to the regular civil filing fee. Check with the clerk of circuit court for the total amount charged. Source: Wis. Stat. 814.62(3)(a), (4) |
| Serving the defendant | Service follows the regular civil rules (personal or substituted service under Wis. Stat. 801.11). A circuit court may by rule allow the clerk to serve the summons by mail (certified mail is required in eviction cases); mail service is complete when mailed unless returned unopened before the return date. If a defendant cannot be served, service may be by mailing and publication. Source: Wis. Stat. 799.12 |
Before and at the hearing
| When the hearing happens | Except in evictions, the summons return date must be 8 to 30 days after the summons is issued, and service must be made at least 8 days before the return date (eviction: 5 to 25 days, served at least 5 days before; nonresident defendants: at least 20 days). If the defendant appears and disputes the claim, a trial is scheduled. Source: Wis. Stat. 799.05(3), 799.20(4) |
|---|---|
| Does the defendant file an answer? | The defendant answers on the return date (pleadings other than the complaint may be oral unless the court requires a written answer). If the defendant appears and claims a defense, the court schedules a trial; a defendant who does not appear risks a default judgment. Source: Wis. Stat. 799.06(1), 799.20 |
| Counterclaims | A counterclaim over the small claims limit that arises from the same transaction moves the whole case to regular civil procedure (the filer pays the extra fee and must mail notice to the plaintiff the same day). An unrelated counterclaim over the limit is dismissed and the small claims case continues. Source: Wis. Stat. 799.02 |
| Jury trial | Yes, on written demand and payment of jury fees; otherwise the judge decides and the right to a jury is waived. The demand is due within 20 days after joinder of issue (at or before joinder in eviction cases); in counties using court commissioners, it is made with the demand for trial. Juries have six members. Source: Wis. Stat. 799.21(3)-(4) |
After the decision
| Appeals | If a court commissioner decides the case, either party may get a new trial before a circuit judge by filing and mailing a demand for trial within 10 days of an oral decision or 15 days after a written decision is mailed. A circuit judge's judgment may be appealed to the Court of Appeals; eviction appeals must be started within 15 days of entry of judgment. Deadlines for other small claims appeals are set by Wis. Stat. 808.04. Source: Wis. Stat. 799.207, 799.445 |
|---|---|
| Collecting your judgment | When a money judgment is entered, the court orders the debtor to complete a financial disclosure statement within 15 days (unless paid), enforceable by contempt. The judgment can be entered in the judgment and lien docket for a fee, and the creditor may use earnings garnishment and execution against property. |
Deadline to sue
6 years. An action on any contract, obligation or liability, express or implied (written or oral lease), must be commenced within 6 years after the cause of action accrues. Wis. Stat. § 893.43(1)
Official forms and help
Suing a landlord or tenant in Wisconsin
In Wisconsin, all eviction actions are filed in small claims regardless of the rent claimed, and tenants and landlords use small claims for security deposit and damage disputes within the dollar limit ($10,000, rising to $15,000 on January 1, 2027).
- Wisconsin security deposit demand letter (send before you sue)
- Wisconsin security deposit law
- Tenant lawyers and free legal aid in Wisconsin
Wisconsin small claims FAQ
What is the small claims limit in Wisconsin?
$10,000 for money claims and replevin of property worth up to $10,000, rising to $15,000 on January 1, 2027 (2025 Wis. Act 105). Tort and personal injury claims are limited to $5,000. Evictions, earnest-money returns and certain real estate arbitration matters use small claims regardless of amount.
Who can file a small claims case in Wisconsin?
Any individual and any corporation doing business in Wisconsin can sue or be sued in small claims. A business may appear through a member, agent or authorized employee, but an assignee of a claim may not appear through a full-time employee unless that employee is a Wisconsin attorney.
Can you bring a lawyer to small claims court in Wisconsin?
Yes. A party may appear personally or through an attorney licensed in Wisconsin; a lawyer is not required.
Where do I file a small claims case in Wisconsin?
Generally the county specified by the general venue statute (Wis. Stat. 801.50); consumer transaction claims follow Wis. Stat. 421.401. With several defendants, the county of any one defendant's residence may be used. A case filed in the wrong county is transferred.
How much does it cost to file in small claims court in Wisconsin?
The statutory clerk's fee to start a small claims action is $22, rising to $39 on November 1, 2026 (2025 Wis. Act 179). Service by mail costs $2 per defendant, rising to $7 on November 1, 2026 (plus the certified-mail cost when certified mail is required). A counterclaim over the small claims limit requires paying the difference up to the regular civil filing fee.
How do I serve the other side in a Wisconsin small claims case?
Service follows the regular civil rules (personal or substituted service under Wis. Stat. 801.11). A circuit court may by rule allow the clerk to serve the summons by mail (certified mail is required in eviction cases); mail service is complete when mailed unless returned unopened before the return date. If a defendant cannot be served, service may be by mailing and publication.
How long does a small claims case take in Wisconsin?
Except in evictions, the summons return date must be 8 to 30 days after the summons is issued, and service must be made at least 8 days before the return date (eviction: 5 to 25 days, served at least 5 days before; nonresident defendants: at least 20 days). If the defendant appears and disputes the claim, a trial is scheduled.
Does a defendant have to file an answer in Wisconsin small claims court?
The defendant answers on the return date (pleadings other than the complaint may be oral unless the court requires a written answer). If the defendant appears and claims a defense, the court schedules a trial; a defendant who does not appear risks a default judgment.
Can the defendant file a counterclaim in Wisconsin small claims court?
A counterclaim over the small claims limit that arises from the same transaction moves the whole case to regular civil procedure (the filer pays the extra fee and must mail notice to the plaintiff the same day). An unrelated counterclaim over the limit is dismissed and the small claims case continues.
Is there a jury in Wisconsin small claims court?
Yes, on written demand and payment of jury fees; otherwise the judge decides and the right to a jury is waived. The demand is due within 20 days after joinder of issue (at or before joinder in eviction cases); in counties using court commissioners, it is made with the demand for trial. Juries have six members.
Can you appeal a small claims decision in Wisconsin?
If a court commissioner decides the case, either party may get a new trial before a circuit judge by filing and mailing a demand for trial within 10 days of an oral decision or 15 days after a written decision is mailed. A circuit judge's judgment may be appealed to the Court of Appeals; eviction appeals must be started within 15 days of entry of judgment.
How do I collect a small claims judgment in Wisconsin?
When a money judgment is entered, the court orders the debtor to complete a financial disclosure statement within 15 days (unless paid), enforceable by contempt. The judgment can be entered in the judgment and lien docket for a fee, and the creditor may use earnings garnishment and execution against property.
Where can I get small claims court forms in Wisconsin?
The Wisconsin form that starts a small claims case is the Summons and Complaint (Small Claims) (SC-500), available in English and Spanish and for eFiling; a version with instructions for self-represented parties is SC-500I. The court also publishes the Basic Guide to Wisconsin Small Claims Actions (SC-6000V) and offers a self-help small claims forms assistant.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.