Frequently Asked Questions

Below you will find information that might help you understand how to find things or learn about information you might need to know about your city or town.

Clerk of Courts - Small Claims Division

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  • Clerk of Courts - Small Claims Division

  • Small Claims Forms Assistant

    The small claims forms assistant site guides you through the process of filing a small claims lawsuit in Wisconsin. By answering a series of questions, this interactive site will help you to fill out necessary forms, print blank forms, or download a basic guide to small claims actions for each county.

    • Go to the small claims forms assistant, or get the forms at the Clerk of Courts Office
    • File the forms.
    • Receive a return date
      • The return date is the initial appearance in the Small Claims case.
      • All parties must attend the hearing.
    • Pay the Filing Fee
      • $94.50, plus possible service fee
    • Service of Summons and Complaint
      • If personal service is required - you (the Plaintiff) are required to have the documents served by the Sheriff's Department or a private process server. If mail service is allowed, the Clerk of Courts will serve by mail for $2 per defendant.
    Clerk of Courts - Small Claims Division

  • File a Motion to Reopen (PDF). Must be filed within 12 months of default judgment. No filing fee.

    Clerk of Courts - Small Claims Division

  • The Court will grant allowable court costs.

    • Docket the judgment
      • Pay a $5 fee at the Clerk of Courts to perfect a lien on the debtor's real estate
    • Financial Disclosure
      • Debtor required to complete and return to you within 15 days of entry of judgment - If debtor does not complete Financial Disclosure, you may file a contempt motion.

    The judgment was paid:

    • Satisfaction of Judgment (PDF)
      • Plaintiff completes the form and provides it to the debtor for filing at the Clerk of Courts with $5 fee. This will clear the judgment.

    If the judgment isn't paid:

    • Earnings Garnishment Notice (PDF)
      • $92.50 Filing Fee
      • Creditor may start wage garnishment to recover the money owed.
      • Garnishment packet provided at Clerk of Court.
    • Non Earnings Garnishment
      • Garnishment of accounts
    • Execution
      • Creditor may obtain a Court order to the sheriff to seize and sell the (non-exempt) property and deliver the money to the creditor.
    Clerk of Courts - Small Claims Division

    • In the county where the defendant resides or does substantial business
    • Where the claim arose
    • Where the subject property is located
    Clerk of Courts - Small Claims Division

    • If it’s the Commissioner's decision, you can request a Trial De Novo.
    • If it’s a Judge’s decision, you can appeal the case to the Court of Appeals.
    Clerk of Courts - Small Claims Division

    • You may file a counterclaim up to $10,000
    • Counterclaims over $10,000 may be filed but require a fee. The case will then be transferred out of Small Claims to the upper branch.
    Clerk of Courts - Small Claims Division

  • A Stipulation form can be used to put the agreement in writing. This can be filed before the return date for the Court’s signature, except in eviction actions.

    Clerk of Courts - Small Claims Division

    • Money Claims
      • Limit of $10,000
    • Evictions
      • Regardless of the amount of rent claimed
    • Replevin
      • Return of property
    • Tort / Personal Injury
      • Limit of $5,000
      • See the Small Claims Guide for other less common types of case
    Clerk of Courts - Small Claims Division