Small Claims - Size Doesn't Define Worth

11.19.2025

By Attorney Adam Sorrentino

The Wisconsin Courts have created a system designed to handle “small” legal matters. The purpose of this system was to create a straightforward way for people to contest matters that might not justify hiring an attorney.

Unfortunately, when it comes to legal matters, nothing is really “straightforward.” Many people are unsure about the procedure and the thought of talking to a judge is very intimidating. Thankfully, the process is less formal than most court proceedings, and courts are more lenient with regular individuals (i.e. non-attorneys).

The easiest way to begin a case is to go to the Wisconsin Court System’s website and access their forms system. This document library has word and pdf files that provide instructions and guidance on the process. The forms can be filled out on your computer or printed off and completed by hand. If you are not sure where to begin, you are also able to go to your local county’s Clerk of Courts to get all the forms you need. While the clerks cannot provide legal advice, they can assist in explaining the forms and any other requirements you need.

The first form you typically need to complete is a summons and complaint. This requires you to check a box for the type of claim you are bringing (money, personal injury, eviction, etc.). This section also shows what constitutes a “small” claim, typically: money disputes under $10,000, personal injuries under $5,000, property returns, and evictions. These limits are set to ensure that the small claims process remains efficient and accessible, distinguishing it from more complex civil litigation.

Following that, you will need to provide a brief statement of the facts you are basing your claim on (i.e. On February 1, 1999, my neighbor’s lawnmower went out of control and destroyed my prize tulip garden worth $3,000.00).

Once all the proper forms are completed and filed with the clerk, you will receive a court date whereby the other party needs to appear to contest the matter, or file a written response. Depending on local court rules, you may or may not need to attend that first date.

You will need to have this initial paperwork personally served on the other party. Proper service is crucial—if the other party isn’t served correctly, your case may be delayed or dismissed. Usually, the local sheriff’s department offers an affordable service fee to achieve this.

At the first hearing, if the other party doesn’t show up, you may win by default. If contested, a judge or commissioner will decide the case at a later hearing. These trials are not to a jury, but directly to a commissioner or a judge. At that final hearing, the court will hear both arguments and then decide the issue.

However, it is important to know winning a judgment does not guarantee immediate payment. You may need to take additional steps to collect, such as garnishing wages or placing liens. Parties are sometimes able to appeal small claims decisions as well, which can create further delay.

Even though these cases deal with “smaller” amounts, the stakes can be very personal to the parties. If you need assistance with a small claims matter a great place to start is the Wisconsin Court’s Guide to Small Claims. Wisconsin Court System – Wisconsin guide to small claims court