Wisconsin Small Claims Court
Owed money in Wisconsin? Here's the dollar limit, the court that hears it, what filing costs — and a free demand letter to send first, which resolves many disputes without a case. Free, no signup.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Wisconsin small claims · as of 2026
- Maximum claim
- $10,000
- Court
- Circuit Court (small claims procedure under Wis. Stat. ch. 799)
- Filing fee
- $94.50 total to commence a small claims action per the official wicourts.gov circuit court fee schedule ($22 clerk fee under Wis. Stat. § 814.62(3)(a) + $51 court support services surcharge + $21.50 justice information surcharge); base fee rises to $39 on Nov. 1, 2026 (2025 Wis. Act 179).
- Lawyers at the hearing
- Yes — attorneys are allowed but not required; small claims procedure is designed for self-represented parties.
Source: Wis. Stat. § 799.01 · verify ↗. Limits and fees change — confirm with the Circuit Court (small claims procedure under Wis. Stat. ch. 799) clerk before filing.
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How to file in Wisconsin — the short version
- Demand first. Send the letter above by a trackable method and keep proof — judges expect it, and it often gets you paid without a case.
- File with the Circuit Court (small claims procedure under Wis. Stat. ch. 799) where the defendant lives or the dispute happened. Fee: $94.50 total to commence a small claims action per the official wicourts.gov circuit court fee schedule ($22 clerk fee under Wis. Stat. § 814.62(3)(a) + $51 court support services surcharge + $21.50 justice information surcharge); base fee rises to $39 on Nov. 1, 2026 (2025 Wis. Act 179)..
- Serve the defendant the way Wisconsin rules require (clerk, sheriff, certified mail, or process server — ask the clerk). Bad service is the #1 way cases get thrown out.
- Bring evidence: contracts, invoices, photos, messages, this demand letter and its delivery proof, and any witnesses.
- Collect. If you win and they don't pay, ask the clerk about garnishment, levy, and liens.
Check the current Wisconsin small claims rules before filing.
Frequently asked questions
How much can I sue for in Wisconsin small claims court?
The limit is $10,000 (as of 2026). $10,000 general cap for money-judgment and garnishment claims; only $5,000 for third-party complaints, personal injury claims, and actions based in tort (Wis. Stat. 799.01(1)(cr)); evictions have NO dollar limit regardless of rent claimed; replevin up to $10,000 (consumer-credit replevin regardless of value). 2025 Wis. Act 105 raises the general and replevin caps to $15,000 effective Jan. 1, 2027 (the $5,000 tort cap is unchanged). Source: Wis. Stat. § 799.01. If you're owed more, you can sue in the regular civil court instead — or waive the excess and stay in small claims, which is usually faster and cheaper.
Where do I file?
In Wisconsin, small claims cases are heard by the Circuit Court (small claims procedure under Wis. Stat. ch. 799), generally in the county (or district) where the defendant lives or where the dispute happened. Filing fee: $94.50 total to commence a small claims action per the official wicourts.gov circuit court fee schedule ($22 clerk fee under Wis. Stat. § 814.62(3)(a) + $51 court support services surcharge + $21.50 justice information surcharge); base fee rises to $39 on Nov. 1, 2026 (2025 Wis. Act 179).. Check the exact venue rule when you file — filing in the wrong place gets cases dismissed.
Can I bring a lawyer?
In Wisconsin: Yes — attorneys are allowed but not required; small claims procedure is designed for self-represented parties.. Either way, small claims procedure is deliberately informal — you present your story, your documents, and your witnesses directly to the judge.
What happens if I win but they don't pay?
A judgment isn't a check — if the defendant doesn't pay voluntarily, you enforce it: wage garnishment, bank levy, or property liens, depending on Wisconsin law. The court clerk can point you to the forms. Judgments also accrue interest and stay enforceable for years, so a stubborn debtor doesn't run out the clock quickly.
How does Wisconsin compare? See the small claims limits in all 50 states, every figure cited to statute.
How Wisconsin compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Wisconsin: Wis. Stat. § 799.01 ↗.
- Small claims limit
Small claims limit: $10,000, exactly the national median.
This is the most common figure nationally — shared by 15 other states.
Small claims limit in neighboring states — Illinois ($10,000), Iowa ($6,500), Michigan ($7,000), Minnesota ($20,000).
The rest of what Wisconsin requires
The figures below are Wisconsin's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Wisconsin page for that document.
- Security deposit cap · as of 2026
- No statutory limit Wis. Stat. §704.28; Wis. Admin. Code ATCP 134.06 ↗
- Deposit return deadline · as of 2026
- 21 days after move-out Wis. Stat. §704.28; Wis. Admin. Code ATCP 134.06 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 28 days Wis. Stat. §704.28; Wis. Admin. Code ATCP 134.06 ↗
- Notice for unpaid rent · as of 2026
- 5 days to pay or quit Wis. Stat. § 704.17(1p)/(2) (leases under 1 yr); § 704.19 ↗
- Notice to cure a lease violation · as of 2026
- 5 days Wis. Stat. § 704.17(1p)/(2) (leases under 1 yr); § 704.19 ↗
- Rental application fee · as of July 2026
- Capped at $25 (credit report cost) Wisconsin Administrative Code ↗
- Bill of sale notarization · as of 2026
- Not required Wisconsin DOT / DMV.ORG ↗
- Power of attorney signing · as of 2026
- Notarization recommended Wis. Stat. §244.05 (form §244.61) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules Wis. Stat. §§ 183.0102(13), 183.0105 ↗
- Recording a deed · as of 2026
- County Register of Deeds (Wis. Stat. §§ 706.05(1), 59.43) · no witnesses Wis. Stat. § 706.02 ↗
Small claims guide in other states
More Wisconsin legal forms
Different state? See small claims rules by state →