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These two resources have more information about Small Claims Court or contact the Clerk of Courts at the location above:
NOTE: All submissions, after the initial filing, sent to the court regarding your case must be copied to all other interested parties and/or their attorney.
How much can I sue for in Small Claims Court?
The money limit is $5000.
What if I need to sue for over $5000? Can I break it up into two small claims cases?
You're restricted to the $5000 small claims jurisdiction per defendant. Anything over $5000 is a large claims civil case.
What's a replevin?
An action for the recovery of an item that hasn't been paid for or been wrongfully taken.
Where do I get forms to file a lawsuit? Where do I file the case?
To initiate a Small Claims case, you can pick up the Summons and Complaint form at the Clerk of Courts, see location above. 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.
Do I have to hire an attorney to help me in Small Claims Court?
It is your choice whether to retain an attorney. Representation is not required.
How much does it cost to file a case in Small Claims Court?
Various fees must be paid, and many are subject to change. Presently the filing fee is $85.
What if the defendant cannot be personally served?
In a money case, the papers may be sent by court mail if the defendant's home address is inside Dane County. If attempts to serve the papers on the defendant(s) by mail, Sheriff, or process server fail, you may publish a form of summons in a major newspaper that is likely to be read by the defendant(s). Eviction and replevin papers cannot be sent by court mail.
What is the Return Date on the Summons and Complaint?
The Return Date is the date of the initial appearance or the date by which the defendant needs to provide a written answer in a money action. Eviction and replevin return dates are mandatory appearances by all parties.
What is a Stipulated Dismissal?
A stipulated dismissal is an agreement between the parties. If the agreement is not followed, the plaintiff can file an affidavit of default wherein the judgment can be entered without notice to the defendant(s). Cases ending in a stipulated dismissal are still listed in the CCAP/WCCA database.
What is a default judgment?
If the defendant fails to provide a written answer "disputing the claim" by mail (or in person) a default judgment may be entered against the defendant. A notice that judgment has been entered will be sent to the parties.
What happens if I lose my case?
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.
What happens if I win my case?
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 Dane 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.
Can my court costs be reimbursed if I win my case?
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.
What can I do about a judgment listed on my credit report?
If the judgment has been satisfied, you may file a Satisfaction of Judgment form (mandatory form GF-129) and pay a $5.00 fee to clear the judgment.
How do I get a money judgment for eviction?
In a nutshell:
- File for an eviction in Small Claims court,
- Win the eviction action,
- Re-rent the place,
- File a rents and damages form with Clerk of Courts,
- Win a money judgment,
- Pay a $5 docketing fee to have the Small Claims Court put a lien on person's property
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?
If the judgment debtor does not provide the financial disclosure statement as required, you may petition a judge to have the judgment debtor found in contempt of court.
How do I schedule a hearing for contempt?
Complete the contempt form at the Clerk of Courts office. The clerk will schedule the hearing with the next available judge on the appropriate schedule.
Do I need to appear at the contempt hearing?
If the debtor appears at the hearing, they will be instructed to complete the financial disclosure form. If the creditor does not appear at the hearing (or does not provide proof of service), the contempt can be dismissed. If the debtor does not file the financial disclosure statement prior to the hearing or appear at the hearing, the judge may issue a bench warrant.
May I reopen a judgment? How?
A party may reopen a default judgment within 12 months. You must file a motion together with a $50 motion to reopen fee, or file a petition to reopen (no filing fee). A hearing will be set to consider the reasons for the request to reopen.
What's a trial de novo?
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 haring 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.
What is earnings garnishment and how does it work?
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.
Is there assistance available in the Courthouse for help with Small Claims issues and filling out forms?
A Small Claims assistance program is available to the public every Tuesday morning from 9:00-11:00 AM in room L1000. A volunteer attorney from the Dane County Bar Association is available to assist the public with questions, forms, and procedures regarding Small Claims monetary, replevin, garnishment, and eviction actions.
Didn't find an answer to your question? Contact the Clerk of Courts at
the location above or the Dane County Legal Resource Center at 266-6316.
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