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Small Claims
HEARD: Thursdays, 8:30 a.m.
WHERE: Walworth County Judicial Center,
1800 County Trunk NN, Room 2055, Elkhorn WI
If you have a disability and need
assistance, please call (262) 741-7012.
The Small Claims Handbook is available @
http://www.wicourts.gov/publications/guides/smallclaimsguide.htm
Self Help Small Claims site @
http://www.wicourts.gov/services/public/selfhelp/smallclaims.htm
- How do I file a small
claims action?
What is it you are suing for? Small claims can be used for the
following:
a. Eviction actions, regardless of the amount
claims.
b. Replevin actions (return of property)
where the value of the property claimed does not exceed $10,000.
c. Other civil actions where the amount
claimed is $10,000 or less (such as unreturned security deposits, unpaid
bills, loans and damage to property).
d. Garnishments to enforce judgments from
funds owed to the debtor when the amount owed is $10,000 or less.
e.
Actions for the return of earnest money tendered pursuant to a
contract for purchase of real property, regardless of the amount
claimed.
f. The small claims limit remains at $5,000 for personal injury, tort
and third-party complaints.
- Where do I get forms to file a
Small Claims Action?
Small Claims Summons and Complaint forms are available in our
office, Room 2080.
- What information must I
have to file a Small Claims Action? What happens on the day I come in
to start my case?
You must have the following to fill out the Summons and Complaint;
a. The plaintiff's correct name, address,
phone. The defendant's correct name and address. It is most
important that the correct legal name of the party be set forth in the
complaint. If the papers cannot be delivered to the defendant, you may
have to start the action over and pay additional fees. A party to a
civil suit must fall into one of three classes; an individual or an
individual doing business under an assumed name, a partnership, two or
more individuals doing business together or a corporation.
b. The nature and
amount of the plaintiff's claim including dates and other relevant
information in the complaint. If the claim is based on a written
instrument or contract, a copy should be attached. (Be sure to provide
a sufficient number of copies to attach to the original and all copies.)
After you fill out the Summons & Complaint, sign and date the Complaint
in front of a Notary Public. (There are notaries available at the Clerk
of Courts office). File the forms and any attachments with the Clerk of
Courts, Room 2080 of the Judicial Center. A court date and a case
number will be assigned by the clerk. You must pay a filing fee of
$94.50
at the time of filing. You will then be responsible for seeing that the
papers are properly served, paying any service fees, and filing proof of
service with the court.
- How do I obtain service on a
Small claims Summons & Complaint?
By mail if the defendant lives in Walworth County and your case
is for money only. The clerk will mail the copies for a fee of $2 per
defendant, regardless of marital status, which you pay when you file the
action. In any other type of case or if the defendant does not reside
in Walworth County, you must use personal service.
Personal service on the defendant or the proper agent or office in the
case of a corporation. The fee for Walworth County Sheriff is $30 for
each attempt plus mileage. If the defendant lives outside of Walworth
County, you are responsible for getting the papers to the Sheriff in the
county where the defendant resides and pay their service fees or
arranging for a private process server to serve the papers.
- How far in advance of my court
date must the defendant be served?
Eight (8) days prior to the return date, excluding weekends and
holidays (five days for eviction actions).
- What happens if the defendant
cannot be served?
If, after reasonable diligence, the defendant cannot be served
by mail, personal service or substitute service, then service may be
completed by mailing and publication [see 801.11(c)]. A legal
publication shall be published for one week in a newspaper where the
defendant resides or is likely to see the publication. Plaintiff must
also mail the Summons to the defendant(s) at the last known address. The
plaintiff must contact the court for a new court date to allow for
timely service of publication prior to the initial appearance. At or
before the initial appearance, plaintiff must file Proof of Publication
and Affidavit of Mailing.
- What judge will hear my case?
All cases will be called before the Clerk of Circuit Court or
deputy clerk of court on the return date.
- Must I appear for the court
date? (Question by defendants)
Wisconsin Resident: A defendant who resides in the state of Wisconsin is
required to appear in person on the return date if they wish to contest
the claim.
Non-resident: A defendant who is a non-resident of the State of
Wisconsin must either appear on the scheduled return date or file and
serve a written answer at least 72 hours prior to the court date and
time [sec. 799.22(4)]. If an answer is properly filed and a request to
adjourn said hearing is made by the defendant, the initial appearance
will be scheduled for a future date. A written answer, however, is not
in lieu of an appearance.
- What happens if I don't appear
on the court date? (Question by plaintiff)
If the plaintiff fails to appear, the case will be dismissed.
- What will happen at court?
The following are the possibilities: If the defendant appears and denies
the claim, the case will be referred for a pre-trial, immediately
following the initial appearance, to the court commissioner. The court
commissioner may; dismiss the claim, adopt an agreement between the
parties or schedule the matter for a hearing.
Or Judgment may be entered in favor of the
plaintiff if the defendant admits liability. If plaintiff is granted
default judgment, an Affidavit of Non-military must be filed.
- How do I get a trial before the
Circuit Court Judge?
Either party may file a "Demand for Trial" within 10 days of the
oral decision by the court commissioner or within 15 days after a
written decision by the court commissioner. The matter will then be set
for trial before the judge or a jury.
- What must be included in the
"Demand for Trial" form?
The party requesting the court or jury trial before the Circuit Court
judge, must complete the "Demand for Trial" form for the purpose of
defining the issues and estimating the time required to hear the trial.
If a jury trial is demanded, a jury request fee of $89 plus $36-6 person
jury fee are to be paid [814.63(3)(e)], [799.2194)]. You must file the
demand with the court and send a copy to the other party. It is best to
use certified mail so you have proof that you did so.
- I have a tenant I want to
evict. How do I do this?
Please see sec. 704.14 and sec. 704.21 regarding legal notice to vacate
the premises. After proper notice to vacate has been given the tenant,
the landlord may start an eviction action. PROOF OF SERVICE OF PROPER
NOTICE MUST BE FILED upon commencing an action. The landlord should
produce a written lease if one exists. The tenant should have receipts
of cancelled checks if their defense is based on payment. Photographs
regarding the condition of the premises may also be helpful.
- What is a judgment?
It is a formal document signed by a judge or Clerk of Circuit Court,
stating that the defendant owes you money or the return of property.
- How do I obtain a judgment in
small claims?
If the case is decided in your favor, you will get judgment against the
defendant. If the defendant fails to appear or answer, you will get a
default judgment. Either way you get judgment.
Your judgment will include court costs and fees allowed by law; filing
fee, service fee, subpoena fees or witnesses, statutory attorney fees
based on the amount of damages awarded, interest at 5% from the due date
to date of judgment to be computed by the requesting party) and 12%
thereafter until the amount is paid.
- How do I enforce a
judgment?
You may docket the judgment or commence a garnishment action.
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