How do I file a small claims case in Wisconsin to get money someone owes me?
In Wisconsin, small claims cases are filed in circuit court under the small claims chapter. The court and clerk handle summons, set the return date, and keep records of issued process. The summons must state the nature of the demand, dollar amount, last-known addresses, and other required information. Trials of fact result in an oral or written decision, and the court must file written findings within a set period after submission.
Procedures include serving a summons on the defendant within the timeframes the statutes set, and following local clerk rules and materials the county makes available about the small claims process. If someone files a counterclaim, special rules govern whether the matter proceeds under ordinary civil procedure or remains in small claims.
Current Wisconsin law
Every answer cites the statute
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The deadline that matters
The summons return date for a resident defendant must be not less than 8 days nor more than 30 days from the issue date, and service must be made at least 8 days before the return date, under Wis. Stat. § 799.05.
What Wisconsin law says
The statutes require the summons to state the nature of the demand, the dollar amount sought, last-known addresses, and attorney information when applicable, and to be signed and issued by the clerk or an attorney, with the clerk setting a return date and noting mailing dates, under Wis. Stat. § 799.05. The chapter treats "court" as circuit court, not circuit court commissioner, under Wis. Stat. § 799.03. Clerks must keep files of summons and related process, under Wis. Stat. § 799.07. Counties must provide information and publications about the small claims system to litigants, under Wis. Stat. § 799.09. After trial on an issue of fact, the court must give its decision orally or file written findings and conclusions within 60 days after submission, under Wis. Stat. § 799.215. Rules about counterclaims and how they may move a case into general civil procedure appear in Wis. Stat. § 799.02.
What to do
A common first step is to fill out the small claims claim form listing the amount owed and facts supporting the claim.
A common next step is to gather evidence, such as contracts, receipts, messages, and the provided evidence checklist.
A common option is to file the claim with the circuit court clerk and request issuance of a summons.
A common step is to arrange service of the summons on the defendant within the timeframes specified by statute.
A common later step is to prepare to present evidence at the return date or trial, noting the court must issue written findings within 60 days after submission.
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Common questions
What must the summons include?
The summons must state the nature of the demand, the dollar amount sought, last-known addresses, and attorney contact information if any, and the clerk sets the return date, under Wis. Stat. § 799.05.
How soon must the defendant be served?
For a resident defendant, service must be made not less than 8 days before the return date, and the return date must be between 8 and 30 days from issue, under Wis. Stat. § 799.05.
Where can I find small claims procedures for my county?
The county clerk must publicize information and make publications explaining small claims procedures available to litigants, under Wis. Stat. § 799.09.
How long until the court files written findings after trial?
If the court tries an issue of fact, it must give a decision orally or file written findings and conclusions within 60 days after submission, under Wis. Stat. § 799.215.
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This page provides legal information only and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
