Small Claims Information

Small Claims

Basic Guide to Wisconsin Small Claims Actions: State Form SC6000

Small Claims Information

Before Filing
Where to File
How to File a Small Claims
How to File an Answer to a Small Claims
Service of Summons and Complaint
Courtroom Information
Pre-Judgment Information on Replevin,
Recovery of Money, or Eviction

Self-Help Small claims Web site

This site is designed to guide you through the process of filling a small claims legal claim in Wisconsin. It takes you through a series of questions to create a small claims summons and complaint form. After filling out the small claims and summons form return to this page in order to obtain other information regarding procedures in Dodge County.

Go to self-help small claims Web Site

Before filing

Before starting a small claims action it is suggested that you make a formal written demand for payment to the other party. Send a certified letter asking for settlement. Make it clear you intend to take legal action if settlement cannot be reached; informing them that all court costs will be added to the amount you are seeking. Allow a reasonable amount of time for the other party to contact you before commencing the action.

Where to file:

Small Claims actions are filed in the county where the defendant lives or where the action took place. Landlord/tenant disputes may be taken to court in the county where the property lies or where the defendant lives.

How to file:

In order to file a small claims action, you must provide the Clerk of Courts with the original paperwork, one copy for you to keep for your records, and two copies for each party that you are suing.

The filing fee for a small claims action is $94.50 and is payable upon filing the case at the Clerk of Courts office. Filing fees cannot be refunded if for any reason you cannot proceed with your action. All legal questions should be directed to an attorney. The Clerk of Courts office cannot give legal advice. For the statutes governing small claims actions see Chapter799 of the Wisconsin Statutes.

If your claim is for money, it must not exceed $10,000.00 EXCEPT for a $5,000.00 limit on personal injury, tort, and third party complaints. A corporation must be represented by an attorney or a full-time employee authorized to act on its behalf. Failure to appear by the plaintiff, plaintiff’s attorney or full-time employee authorized to appear will result in a dismissal of the case. When preparing your Summons and Complaint, if you wish to attach any proof to your claim you must provide the appropriate number of copies.

How to File an Answer to a Small Claims:

Pre-Judgment - Basic Steps for Filling an Answer to a Small Claims Report:

State Form SC6040

Service:

Amended Circuit Court Rule Regarding Small Claims Mail Service

Dodge County Small Claims Court requires service of the Summons and Complaint on the defendant. Service by mail is permitted in Small Claims actions with monetary claims of $5000 or less where the defendant resides in Dodge County. Personal service pursuant to Wis. Stat. 801.11 is required for all other claims, including all eviction and replevin claims. Please see Circuit Court Rule regarding mail service above.

When mail service is used, the Clerk of Courts shall prepare the envelope for mailing by first-class mail with the Clerk's return address. A separate envelope with the pleadings shall be sent to each named defendant. The address(es) need to be specified for each defendant. There is a fee of $2.00 mailing fee for each defendant to be served by mail that shall be paid at the same time as the filing fee. An additional $2.00 fee is required for any required re-mailing of Amended Summons and Complaints.

For personal service, you may contact a private process server or the Sheriff's Department of the County where the defendant lives to serve your papers. Some municipal police departments may also provide this service. Please contact the appropriate agency for service information and costs. In the event the person serving your paperwork is unable to locate the defendant within the statutory time limits, you will be provided with a certificate of non-service. This paperwork must be filed with the court in order to proceed to publication.

The filing fee and service fee will automatically be added to the judgment if you win your case. As the plaintiff in your case, it is your responsibility to ensure service has been accomplished.

Court Information:

Small Claims Court return dates are held at 8:30 a.m. on Friday's at the Dodge County Justice Facility, 210 W. Center Street, Juneau, WI 53039. PLEASE CHECK IN WITH THE CLERK OF COURTS OFFICE BY 15 MINUTES BEFORE YOUR SCHEDULED HEARING TIME. PLEASE TRY TO FILE ALL PAPERWORK BY THIS TIME. If an answer is timely filed, neither plaintiff nor the defendant is required to appear except in eviction cases. Please check with the clerk any time to learn whether or not an answer has been filed (920-386-3568).

At the return date, if plaintiff appears and defendant does not appear, a default judgment may be granted by the court. If plaintiff and defendant appear, a pretrial will be held to see if any resolution can be made. If plaintiff does not appear and defendant does appear case will be dismissed.

Some parties will enter into a stipulated dismissal. This can happen when a written agreement is made between the parties. The judge will dismiss the action pending that the defendant follows through with this signed agreement

Pre-Judgment Information on Replevin, Recovery of Money, or Eviction.

Basic Steps for Handling Small Claims:

Case for Replevin:

State Form SC6030

Case for Recovery of Money

State Form SC6020

Case for Eviction:

State Form SC6010

Post-Judgement Information

NOTICE OF ENTRY OF JUDGMENT:

PETITION FOR CONTEMPT:

Within 15 days of entry of judgment, the INDIVIDUAL you have the judgment against is to furnish to you a financial statement. This statement will give you information as to where this person works and/or banks. (If you already know this information, you do not need to proceed with a contempt action.) If the financial statement is not completed and returned to you, a Petition for Contempt may be filed. This form is available in the Clerk of Courts office. All information must be filled out accurately, including the middle initial and date of birth. The sheriff, local police or a hired process server in the county where the debtor resides must personally serve the order to appear on the debtor. The server will charge a service fee. You must also appear at the contempt hearing scheduled before a judge. If the debtor does not file the financial disclosure statement or appear before the judge, a civil bench warrant can be authorized for their arrest.

DOCKETING:

Docketing the judgment puts a lien on any real estate transactions (in Dodge County only.) You can request to docket the judgment at the Clerk of Courts office. The current fee is $5.00. You can also request a transcript of judgment to take and docket in another county in Wisconsin for an additional fee of $5.00. You will then need to pay the receiving county $10.00 for receiving the transcript of judgment and docketing it. You may request a transcript of judgment at the Clerk of Courts office.

Basic Steps for Docketing a Judgment for Collection:

State Form SC6060

EXECUTION:

You can request an execution at the Clerk of Courts office. The current fee is $5.00, however the judgment must first be docketed for a fee of $5.00 before proceeding. An execution is a document that authorizes the sheriff to attempt to collect the funds that are owed to you. The sheriff will charge a service fee. The execution is valid for 60 days. A judgment creditor may ask the court for a Writ of Execution directing the sheriff to seize specific, non-exempt personal property belonging to the judgment debtor for purposes of satisfying a judgment. You may want to obtain professional advice to decide whether a Writ of Execution is appropriate for your case. If the execution is returned unsatisfied or is only partially successful, you may try another execution or any other means of enforcement.

Post Judgment: Basic Steps for Handling an Execution Against Property:

State Form SC6080

GARNISHMENT:

There are two types of garnishment actions, earnings and non-earnings. A non-earnings garnishment (bank accounts, etc.) is valid upon the date it is received only. (The first $1,000 is exempt except for business accounts.) An earnings garnishment is good for 13 weeks garnishing 20% of the judgment debtor’s wages. However, for employees of the state of Wisconsin or its political subdivisions, the earnings garnishment is continued until the debt is fully paid. The appropriate forms can be downloaded off of the state website. The current fee is $92.50 if the amount claimed is equal to or less than $10,000, and $210.50 if the amount claimed is greater than $10,000.

Post Judgment: Basic Steps for Handling a Small Claims Earning Garnishment (Recovery of Judgments totaling $10,000 or less):

State Form SC6070

Post Judgment State Forms:

Basic Steps in Collecting on a Judgment for Money:

State Form SC6090

Basic Steps in Collection on a Judgment for Replevin:

State Form SC6100

SATISFACTION OF JUDGMENT:

Once the judgment has been paid in full, it is the responsibility of the judgment creditor to provide a completed Satisfaction of Judgment to the judgment debtor to file with the Clerk of Courts Office to satisfy the judgment. The debtor must pay a satisfaction fee of $5.00 when filing the Satisfaction of Judgment form. The form (GF-129) is available at the Wisconsin Court System Website: http://www.wicourts.gov/ under “Forms.” The form is also available at the Dodge County Clerk of Courts Office.

Frequently Asked Questions

Q: How much can I sue for in Small Claims Court?

Q: What if I need to sue for over the limits? Can I break it up into two small claims cases?

Q: What's a replevin?

Q: Where do I get forms to file a lawsuit? Where do I file the case?

A: To initiate a Small Claims case, go to the Self-Help Small Claims Website to obtain and fill out the forms. If the case involves a consumer transaction, it should be filed in the county where the customer lives, or where the purchase was made, or where the collateral is located. For other types of cases, it should be filed in the county where the claim arose, or where the property is located, or where the defendant lives or does substantial business.

Q: Do I have to hire an attorney to help me in Small Claims Court?

Q: How much does it cost to file a case in Small Claims Court?

Q: What if the defendant cannot be personally served?

Q: What is a Stipulated Dismissal?

Q: What is a default judgment?

Q: What happens if I lose my case?

A: If you lose altogether or don't get all the money or property you wanted, you may take your case to the court of appeals. The appeal fee is $195, plus a $15 record transmittal fee. You must also pay for the preparation of the transcript. Since an appeal is complicated, you may wish to seek legal advice. Please see the citizens guide for fining an appeal at: http://wicourts.gov/ca/citizensguide.pdf

Q: What happens if I win my case?

A: If you win a money judgment, the Small Claims Court will order the party owing money under the decision to fill out a financial disclosure form and send it to you within 15 days after the judgment was filed. If the defendant doesn't pay, you may docket the judgment at the Clerk of Courts office. The docketed judgment then acts as a lien on the defendant's real estate owned in Dodge County. If the defendant fails to file the required financial disclosure form, you can ask the court to hold the defendant in contempt. One of several ways to try to enforce a judgment is by "garnishment." Garnishment is an action to withhold part of a person's wages or bank accounts to pay off the judgment. A garnishment can be filed in Small Claims Court, just as the original case was. Part of the judgment debtor's wages are exempt from garnishment.

Q: Can my court costs be reimbursed if I win my case?

A: Yes, but only some costs. You will not receive reimbursement for lost wages or transportation but you can receive reimbursement for the cost to file the case, the cost to serve the summons and petition, to subpoena witnesses, and for garnishment costs. You can also receive limited attorney fees. Please see the table in the Guide to Small Claims Court for the amount of reimbursement allowed for attorney fees.

Q: What can I do about a judgment listed on my credit report?

Q: How do I get a money judgment for eviction?

A: In a nutshell:

File for an eviction in Small Claims court.
Win the eviction action and obtain a judgment.
Pay a $5 docketing fee to have the Small Claims Court put a lien on person's property and pay a $5 fee for a writ of assistance for the Sheriff to serve so you can obtain possession of the premises.
File a motion for additional damages form with Clerk of Courts for your additional rent and damages within 90 days of the date that the judgment of eviction was granted.
Obtain an amended judgment for additional expenses if your motion is granted by the court.

Q: What if more than 15 days have elapsed from the date of entry of judgment and the judgment debtor has not returned the "Order for Financial Disclosure and Disclosure of Assets" or paid the judgment

Q: How do I schedule a hearing for contempt?

Q: Do I need to appear at the contempt hearing?

Q: May I reopen a judgment? How?

Q: What's a trial de novo?

A: A "trial de novo" is a retrial of a case. When a Small Claims case is heard by a commissioner, the commissioner will either make an oral decision at the hearing or mail a written decision within 30 days of the hearing. The commissioner will provide instructions for appealing a court commissioner's decision to all parties. A party may demand a new trial before a Circuit Court Judge (trial de novo demand) by filing a written demand for a new trial. The written demand must be filed within 10 working days of the commissioner's oral decision, or within 15 days of a written decision. The form "Demand for Trial De Novo" is available from the Clerk of Courts office.

Q: What is earnings garnishment and how does it work?

A: A creditor who is trying to collect an unsatisfied civil court judgment against a debtor may start a garnishment action to recover the money owed. This may include interest and other costs, which are deducted from earnings payable to the debtor. The employer, who makes payment directly to the creditor, is called the garnishee. For example, if a court finds that you (debtor) owe a former landlord (creditor) back rent, the landlord can ask the court to order your employer (garnishee) to pay part of the rent you owe directly to the landlord. There are limits to the amount that can be taken out of each paycheck. More garnishment information is in the Guide to Small Claims Court.

Didn't find an answer to your question? Contact the Clerk of Courts at 920-386-3570.

Dodge County, WI

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