Wisconsin Small Claims Court: $10,000 Limit, $15,000 in 2027

In Wisconsin, you can sue for up to $10,000 in small claims for most money claims, but only up to $5,000 for personal injury and other tort claims. The limit for general money claims rises to $15,000 for cases filed on or after January 1, 2027, under 2025 Wisconsin Act 105, while the $5,000 tort limit stays the same (Wis. Stat. 799.01).

Wisconsin has no separate small claims court. "Small claims" is a simplified procedure in the circuit court, set out in Chapter 799 of the Wisconsin Statutes, and in many counties the first hearing is held before a circuit court commissioner. This guide walks through a case in the order you will live it, from the limit to collecting a judgment. For other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers small claims actions in Wisconsin circuit courts under Chapter 799 of the Wisconsin Statutes, with the filing fees in Chapter 814 and the collection rules in Chapter 815. It does not cover eviction procedure in detail (eviction cases also run under Chapter 799), regular civil cases under Chapters 801 to 847, or small claims in other states.

Wisconsin small claims limits

The limit depends on the kind of claim, not on who is suing. Wis. Stat. 799.01 sets these amounts:

The tort line reads: "Third-party complaints, personal injury claims, and actions based in tort, where the amount claimed is $5,000 or less." An annotation to the statute, citing Bryhan v. Pink, says the $5,000 figure limits what you can recover rather than barring the case: you may choose small claims even when your tort damages are higher, but you cannot be awarded more than $5,000.

Not every claim that sounds like wrongdoing counts as a tort. The annotations note that a civil theft claim under Wis. Stat. 895.446 is an "other civil action" for this purpose (Miller v. Storey, 2017 WI 99), so it falls under the $10,000 limit, not the $5,000 one.

Small claims can only award money or the return of property. The annotations to 799.01 note that the court has no authority to grant an injunction in a small claims case (County of Columbia v. Bylewski).

Your claim must also be filed on time. Deadlines to sue vary by type of claim; see the Wisconsin statute of limitations guide.

The 2027 limit increase

2025 Wisconsin Act 105 is enacted law. It raises the limit for money claims and replevin from $10,000 to $15,000, and the act states: "This act takes effect on January 1, 2027." The new figure applies to actions commenced on or after that date, so a case filed in December 2026 is still capped at $10,000. The $5,000 limit for personal injury and tort claims did not change.

The Legislature's online statute page already displays the $15,000 text, with a note giving the $10,000 wording that applies before January 1, 2027. If you read 799.01 directly, check that note before relying on the first number you see.

Counterclaims over the limit

If the defendant files a counterclaim that is larger than the small claims limit, Wis. Stat. 799.02 decides what happens. When the counterclaim arises from the same transaction, the defendant pays the difference in filing fees and the whole case moves out of small claims into regular civil procedure under Chapters 801 to 847. A counterclaim over the limit that is unrelated to the plaintiff's claim is dismissed.

Filing fees, and the November 1, 2026 increase

The cost of starting a small claims case is made up of a filing fee and two surcharges set by statute. 2025 Wisconsin Act 179 raises all three for filings on or after November 1, 2026.

The plaintiff pays when the summons is issued. If the clerk serves the summons by mail (where a local court rule allows it), there is an added mailing fee of $2 per defendant, rising to $7 on November 1, 2026, plus the cost of certified mail where certified mail is required (Wis. Stat. 814.62(4), 799.12(3)).

We could not open the court system's own fee table for this guide, so the totals above are the statutory amounts added together. Sheriff and process server fees are not on one statewide schedule in the sources we checked; ask the clerk of circuit court in your county. If you cannot afford the fees, you can ask the court to waive them because of poverty under Wis. Stat. 814.29(1)(a), by filing an affidavit showing your finances (Wis. Stat. 814.29(1)(b)); ask the clerk for the form, which we could not verify for this guide.

Lawyers and business representation

You do not need a lawyer, and you may bring one. Under Wis. Stat. 799.06(2), a party may appear in person or by an attorney, and a business appears through a member, agent or authorized employee. The court may not require that the summons or complaint be notarized (Wis. Stat. 799.06(3)(b)).

One exception applies to people who buy claims. Wis. Stat. 799.06(2) also says: "An assignee of any cause of action under this chapter shall not appear by a fulltime authorized employee, unless the employee is an attorney regularly authorized to practice in the courts of this state."

Attorney fees are recoverable as costs only when a party is represented by an attorney other than themselves, and only in the amounts set by the Wis. Stat. 814.04 schedule (Wis. Stat. 799.25(10)).

Where to file

Wis. Stat. 799.11 sets venue. For a claim arising from a consumer transaction or consumer credit transaction, file in the county set by Wis. Stat. 421.401 of the Wisconsin Consumer Act. For other claims, file in a county allowed by Wis. Stat. 801.50. When there are several defendants and venue is based on residence, you may file in the county where any one of them lives (Wis. Stat. 799.11(2)).

If the case is filed in the wrong county, the court transfers it, on a motion or on its own, unless the defendant waives the objection.

Serving the defendant

The clerk sets a return date on the summons. For a defendant who lives in Wisconsin, Wis. Stat. 799.05(3) says "the return date for a summons served upon a resident of this state shall be not less than 8 days nor more than 30 days from the issue date, and service shall be made not less than 8 days prior to the return date." For eviction cases the window is 5 to 25 days, with service at least 5 days before. For a nonresident defendant, the return date must be at least 20 days out.

Service methods come from Wis. Stat. 799.12. A circuit court may allow the clerk to serve by mail by local rule (certified mail with return receipt is required for eviction). Otherwise, the summons is served personally or by substituted service under Wis. Stat. 801.11. If the defendant cannot be served with reasonable diligence, service can be made by mailing plus publication.

The return date and the defendant's answer

The return date is the defendant's first court date. Under Wis. Stat. 799.20 and 799.06(1), the answer is made on the return date, and it can be oral, unless a local court rule or the judge or commissioner in your case requires a written answer. Some courts let a defendant answer by mail or phone instead of appearing.

If the defendant appears and raises a defense, the court schedules a trial (Wis. Stat. 799.22(4)). If the defendant does not appear, the court may enter judgment on proof, and in a money claim on a contract the plaintiff may use a verified complaint or an affidavit as that proof (Wis. Stat. 799.22(2), (3)).

Before a default judgment, federal law also requires the plaintiff to file an affidavit stating whether the defendant is in military service. If the defendant is in military service, the court may not enter judgment until it appoints an attorney for the defendant (50 U.S.C. 3931).

Jury and judge requests. Either party may demand a six-person jury, in writing within 20 days after issue is joined (for non-eviction cases), and must pay the jury fees plus the difference between the regular civil filing fee and the small claims fee; a party who does not demand a jury in time waives it (Wis. Stat. 799.21(3), (4)). In counties where a commissioner is assigned to small claims, the jury demand must be made when the demand for trial is filed (Wis. Stat. 799.21(3)(b)). The jury fee is $6 per juror ($17 per juror from November 1, 2026) (Wis. Stat. 814.61(4)). A party who wants a different judge must file a written request on the return date or within 10 days after the case is scheduled for trial (Wis. Stat. 799.205).

The trial

Return-date proceedings may be held before a circuit court commissioner (Wis. Stat. 799.206, 799.207). If you lose before a commissioner, the deadline to demand a trial before a judge is short; see the appeals section below. If the case goes to trial before a judge without a jury, the court issues its decision orally or in writing within 60 days after the case is submitted (Wis. Stat. 799.215).

Bring the contract, receipts, photos, texts and repair estimates that prove your claim, and anyone who saw what happened. We could not open the court system's self-help pages on evidence and witness subpoenas for this guide, so ask the clerk how your county handles subpoenas.

Appealing a small claims judgment

If a circuit court commissioner decided your case, you do not appeal yet. Either party may file a demand for trial before a judge within 10 days of an oral decision or 15 days after a written decision is mailed; otherwise the commissioner's decision becomes the judgment 11 days after an oral decision or 16 days after a written one is mailed. A timely demand results in a new trial before the court on all issues (Wis. Stat. 799.207). Default judgments take effect immediately and are not covered by this step.

A judge's judgment is appealed under Wis. Stat. 799.30, which is short: "An appeal of a judgment or order under this chapter shall be to the court of appeals." The deadline comes from Wis. Stat. 808.04(1): 45 days from entry of the final judgment if written notice of entry is given within 21 days, and otherwise 90 days. In small claims the clerk mails a notice of entry of judgment within 5 days (Wis. Stat. 799.24(1)), so plan on the 45-day deadline. Eviction judgments have a 15-day appeal deadline (Wis. Stat. 799.445).

You cannot appeal a default judgment (Wis. Stat. 799.29(1)(a)). Instead, you ask the circuit court to reopen it. The Court of Appeals filing fee is $195 (Wis. Stat. 809.25(2)(a)1.).

Reopening a default judgment

Under Wis. Stat. 799.29(1), a motion to reopen a default judgment must be made within 12 months after the judgment is entered and requires good cause, "unless venue was improper under s. 799.11." If venue was improper, the defendant may reopen within one year as of right.

A separate petition under Wis. Stat. 799.14 covers a defendant who did not receive a mailed summons: it must be filed within 15 days after the defendant actually learns of the judgment, and no more than one year after it.

Collecting a Wisconsin small claims judgment

Winning a judgment does not guarantee you will be paid, and the court does not collect for you. Wisconsin gives you these tools:

• Financial disclosure. On a money judgment, the court orders the judgment debtor to deliver a financial disclosure statement within 15 days of judgment, under penalty of contempt (Wis. Stat. 799.26).
• Execution and garnishment. You can seek execution against the debtor's property (Wis. Stat. 815.05) and garnishment under Chapter 812.
• Judgment lien. If you pay the clerk's docketing fee ($5, or $14 from November 1, 2026), the clerk enters the judgment in the judgment and lien docket (Wis. Stat. 799.24(1), 814.61(5)(am)). A docketed judgment is a lien on the debtor's real property in that county for 10 years, except an exempt homestead (Wis. Stat. 806.15(1)).
• Interest. Judgments earn interest from entry until paid at an annual rate equal to 1 percent plus the prime rate in effect on January 1 of the year of entry (for judgments entered by June 30) or on July 1 (for judgments entered after June 30) (Wis. Stat. 815.05(8)).
• How long it lasts. An action on a judgment may be commenced within 20 years after it is entered (Wis. Stat. 893.40).

Some property and income is protected from collection; Wisconsin's main exemption statute is Wis. Stat. 815.18. For how those exemptions and wage garnishment work, see Wisconsin debt collection laws. Federal law also protects Social Security benefits (42 U.S.C. 407(a)) and VA benefits (38 U.S.C. 5301(a)(1)) from garnishment and levy.

Common small claims disputes in Wisconsin

Many small claims cases involve a landlord who kept a security deposit, a contractor who did not finish the job, or an unpaid personal loan. For deposit rules and what a landlord may deduct, see Wisconsin landlord-tenant laws. Eviction cases are always handled under the small claims procedure, whatever the rent owed (Wis. Stat. 799.01(1)(a)).

Official resources

• Wisconsin Statutes Chapter 799, small claims procedure (current through October 1, 2026)
• 2025 Wisconsin Act 105 (limit increase, January 1, 2027)
• 2025 Wisconsin Act 179 (fee increases, November 1, 2026)

Related

• Small claims court by state
• Wisconsin statute of limitations
• Wisconsin debt collection laws
• Wisconsin landlord-tenant laws
• Michigan small claims court
• Illinois small claims court

Disclaimer: This article provides general legal information about small claims procedure in Wisconsin circuit courts under Chapter 799 of the Wisconsin Statutes, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact the clerk of circuit court in your county, a legal aid office, or a lawyer licensed in Wisconsin.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Wisconsin?

$10,000 for most money claims and replevin, and $5,000 for personal injury and other tort claims (Wis. Stat. 799.01). Eviction cases have no dollar cap.

Is the Wisconsin small claims limit going up to $15,000?

Yes. 2025 Wisconsin Act 105 raises the limit for money claims and replevin to $15,000 for actions commenced on or after January 1, 2027. The $5,000 limit for tort and personal injury claims stays the same.

Can I sue for more than $5,000 for an injury in Wisconsin small claims?

You can file, but you cannot recover more than $5,000. The annotation to Wis. Stat. 799.01 citing Bryhan v. Pink treats the $5,000 tort figure as a limit on recovery.

How much does it cost to file small claims in Wisconsin?

The statutory filing fee and surcharges add up to $94.50 before November 1, 2026 and $124 from that date, with Milwaukee County adding $3.50 now and $7.50 from that date (Wis. Stat. 814.62, 814.85, 814.86). Service fees are extra.

Do I need a lawyer for small claims in Wisconsin?

No. Under Wis. Stat. 799.06(2) you may appear on your own or with a lawyer, and a business may appear through a member, agent or authorized employee.

Does the defendant have to file a written answer in Wisconsin small claims?

Usually not. The answer is made on the return date and can be oral unless a local court rule or the judge or commissioner in the case requires a written one (Wis. Stat. 799.20, 799.06(1)).

Can I get a jury in Wisconsin small claims?

Yes. Either party may demand a six-person jury within 20 days after issue is joined and must pay the jury fees and the difference from the regular civil filing fee (Wis. Stat. 799.21). Where a commissioner hears small claims, the jury demand is made when the demand for trial is filed (Wis. Stat. 799.21(3)(b)).

How long do I have to appeal a Wisconsin small claims judgment?

If a circuit court commissioner decided the case, first file a demand for trial before a judge within 10 days of an oral decision or 15 days after a written decision is mailed (Wis. Stat. 799.207). A judge's judgment is appealed to the Court of Appeals within 45 days from entry if written notice of entry is given within 21 days, otherwise 90 days, and 15 days in eviction cases (Wis. Stat. 808.04(1), 799.445). The clerk mails notice of entry within 5 days (Wis. Stat. 799.24(1)), so plan on 45 days.

How do I undo a default judgment in Wisconsin small claims?

You cannot appeal it. File a motion to reopen within 12 months after entry, showing good cause, under Wis. Stat. 799.29(1).

How long is a Wisconsin small claims judgment good for?

An action on a judgment may be commenced within 20 years after entry (Wis. Stat. 893.40), and a docketed judgment is a lien on the debtor's real property in the county for 10 years (Wis. Stat. 806.15(1)).