Small Claims Court in Dane County

In Dane County, WI small claims cases are typically filed in the Division Court. Dane County has one Division Courthouse that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Dane Court System.

Small Claims Court

Small Claims Court is a unique type of court designed to handle disputes more quickly than regular court processes. The procedures here are also more straightforward and less formal. In these cases, the individual bringing the lawsuit is known as the plaintiff, while the person being sued is referred to as the defendant. In Small Claims Court, any individual who is 18 years of age or older has the right to file a lawsuit.

A tort is an act that causes harm to someone, allowing the injured party to seek monetary compensation from the person or business responsible for the injury. This harm can affect a person's body, property, business, reputation, or other interests. Torts can arise from negligence, which is a failure to exercise reasonable care, or they can be intentional actions. It’s important to note that a tort is distinct from a breach of contract or a criminal offense.

Deciding whether to hire an attorney is entirely up to you. Many individuals feel capable of managing their legal issues on their own in Small Claims Court. When you represent yourself without an attorney, it’s known as “self-representation” or “pro se.”

Cases Handled

The most common types of cases handled in Small Claims Court include:

• Money Claims: These involve amounts of $10,000 or less and can be for money judgments or - wage garnishment.
• Tort/Personal Injury Claims: These are for injuries and have a limit of $5,000 or less.
• Eviction Claims: These cases can be filed regardless of the rent amount being claimed.
• Replevin Claims (Return of Property):
• For non-consumer credit actions, the property’s value must be $10,000 or less.
• For consumer credit transactions, the financed amount should not exceed $25,000.

There are also less common types of small claims cases, such as:

• Returning Earnest Money: This pertains to the purchase of real estate.
• Actions on Arbitration Awards: These cases relate to real estate purchases.
• Eviction Due to Foreclosure: This type involves tenants being evicted because of a foreclosure on the property.

Settle

Settling Before Going to Court:

• To save time and money, consider settling the matter before going to court.
• Reach out to the other party or their attorney to discuss the situation.
• Aim to resolve the issue through a mutually acceptable agreement.

Negotiating After Filing:

• You can still negotiate a settlement even after your small claims suit has been filed.
• Be open to compromise, as many cases settle before reaching trial.
• In fact, over 90% of large civil lawsuits are resolved prior to trial.

Filing a Claim

Choosing the Right Party to Sue:

• It’s crucial to identify and sue the correct party.
• Naming the wrong party may lead to your case being dismissed.

How to File a Small Claims Case

1. Complete the Necessary Forms:
   • Fill out the Summons and Complaint (SC-500) form or the Summons and Complaint with Instructions (SC-500I) form.
   • Make two copies for each defendant.
2. File the Forms:
   • Take the original form and the copies to the clerk of court’s office.
   • Pay the required filing fee at the time of filing.
3. Electronic Filing Option:
   • If you prefer to file and manage your case electronically, visit the Wisconsin Court System website to find information on eFiling.
   • Use the Summons and Complaint (SC-500) form or the Summons and Complaint with Instructions (SC-500I) form to file your documents and pay the filing fee online.

Filing Fees:

• You must pay a fee to the clerk of court to file your Summons and Complaint (SC-500 form) or Summons and Complaint with Instructions (SC-500I form).
• The small claims filing fee is established by state law. You can find the fee schedule here.
• If you win your case, this fee and certain other costs may be charged to the other party.

Fee Waiver for Those in Need:

• If you cannot afford the filing fee, you can complete the Petition for Waiver of Filing Fees and Costs - Affidavit of Indigency (CV-410A) and the Order on Waiver of Filing Fees and Costs (CV-410B) form.
• If the court determines that you are unable to pay, it may waive the filing and service fees.

Where

If you've determined that your claim can be filed as a small claims case and identified the correct party to sue, you’ll need to know where to file:

• Eviction Actions:
  • File in the county where the defendant resides or where the rented property is located.
• Return of Earnest Money:
  • File in the county where the defendant resides, the real estate is located, or the purchase contract was signed.
• Replevin Actions:
  • Non-Consumer Claims: File where the defendant resides, the personal property is located, or the claim arose.
  • Consumer Claims: File where the customer resides, the collateral is located, or where the customer acquired the property or services.
• Arbitration Actions:
  • File where the defendant resides, the real estate is located, or the claim arose.
• Other Civil Actions:
  • For claims $10,000 or less or torts/personal injury claims of $5,000 or less, file where the defendant resides or the claim arose.
• Money Judgments:
  • Non-Consumer Claims: File where the defendant resides or the claim arose.
  • Consumer Claims: File where the customer resides, acquired the money or credit, or signed a document of obligation.
• Garnishment:
  • File where the garnishee resides, where the summons was issued, or where the judgment was entered.

Cost

• Money Judgment > $10,000: $265.50 total ($75 filing, $169 CSS, $21.50 JINFO)
• Personal Injury/Tort $5,000 or less: $94.50 total ($22 filing, $51 CSS, $21.50 JINFO)
• Personal Injury/Tort $5,000 - $10,000: $147.50 total ($75 filing, $51 CSS, $21.50 JINFO)
• Personal Injury/Tort > $10,000: $265.50 total ($75 filing, $169 CSS, $21.50 JINFO)

Small Claims:

• $10,000 or less: $22 total ($22 filing, $51 CSS, $21.50 JINFO)

No Money Judgment:

• General Actions: $164.50 total ($75 filing, $68 CSS, $21.50 JINFO)

Petitions:

• Writ of Certiorari: $129.50
• DNA Sample Request: $0

Motions:

• Motion Costs: $0-$300 (court's discretion)
• Jury Fee: $36-$72 ($6 per juror)

Third-Party Complaints:

• $5,000 or less: $117.50 total ($45 filing, $51 CSS, $21.50 JINFO)
• $5,000 - $10,000: $117.50 total ($45 filing, $51 CSS, $21.50 JINFO)
• Less $10,000: $235.50 total ($45 filing, $169 CSS, $21.50 JINFO)
• Contempt Proceedings: $10 per deposit.

Copies:

• Regular Copies: $1.25 per page
• Certified Copies: $5 + $1.25 per page
• Docketing: $5 for docketing judgment.
• E-Filing Fee: $35 per party (exempt for state/local governmental units).

Defendant

Who Is Suing You?

• The Plaintiff is the person suing you, identified in the Summons and Complaint. You are the Defendant. If applicable, the Plaintiff's attorney's details will also be included.

Must I Appear in Court?

• Check the Summons to see if you must appear in person or can respond in writing. If required to appear, it will specify the date, time, and location.

Why Am I Being Sued?

• Common reasons include:
  • Rental Issues: Unpaid rent or agreement violations.
  • Credit Payments: Missed payments on financed items.
  • Debt Claims: Allegations of owing money.
  • Injury or Property Damage: Claims of harm or damage caused by you.

What Does the Plaintiff Want from Me?

• The Summons will outline the Plaintiff's demands, such as:
  • For Rent: Unpaid rent, utility bills, damages, or eviction.
  • For Credit Purchases: Item return and remaining balance owed.
  • For Debt Claims: Payment of the claimed amount.

What If I Disagree with What the Plaintiff Says?

• You must answer the Complaint. Procedures vary by county, so check local rules.
• Respond in writing or in person as specified in the Summons. Failure to respond properly may lead to a judgment against you.

How Do I Answer the Complaint?

• In Person: If required, the Summons will provide details. Arrive early, as failure to appear may result in a judgment.
• In Writing: Use the Small Claims Answer and Counterclaim (SC-5200V) form. Send a copy to the Plaintiff.
• Electronic Filing
• For eFiling, visit the Wisconsin Court System website.

##Counterclaim

• Filing a Counterclaim:
  • If you believe you have a claim against the plaintiff, you can file a counterclaim using the Answer and Counterclaim (SC-5200V) form.
  • Clearly describe your claim, including relevant dates, specific facts, and the amount you believe you are owed.
  • Consider how much your claim is worth, as this affects the filing process and fees.
• Filing Procedure:
  • File your counterclaim with the clerk of court in the same county where you are being sued.
  • Each county may have different filing procedures, so check with the clerk for local rules.
  • There is no filing fee unless your claim exceeds $10,000 or you file a tort or personal injury claim over $5,000.
• Copies and Service:
  • Prepare a copy of your counterclaim for each plaintiff and have the clerk file-stamp them.
  • You must serve these copies to each plaintiff; check local rules for methods of service (mail, sheriff, or process server).
  • If mailed, file an Affidavit of Mailing (SC-5130V) with the clerk. If served by the sheriff or process server, ensure an Affidavit of Service is filed.
• Next Steps:
• Follow local court rules for attending the next court date.

Counterclaims and Settlement Options

• Counterclaiming for More Than $10,000 or Tort Claims Over $5,000
  • If your counterclaim exceeds $10,000 or involves a tort or personal injury claim over $5,000, you must:
    • Pay a filing fee to the clerk of court.
    • Have the sheriff or process server personally serve the counterclaim to the plaintiff(s) within 60 days of filing.
    • File proof of service with the clerk.
    • Your case may be transferred to regular civil court due to the higher claim amount.
• In addition to filing the Answer and Counterclaim (SC-5200V), you must also file and mail a Notice of Counterclaim (SC-5250V) on the same day. Complete the Affidavit of Mailing (SC-5130V) and file it with the clerk.
• Settling the Case
  • Yes, you can try to settle. Some counties offer mediation services to assist in reaching an agreement.
  • You can contact the other party or their attorney directly to negotiate a settlement. Use forms like Stipulation for Dismissal (eviction and non-eviction) as needed.
• If You Don’t Contest the Plaintiff’s Claim
  • If you do not contest the claim and have no counterclaim, you are not required to appear or file a written answer.
  • However, failing to appear or respond will likely result in a default judgment against you, granting the plaintiff's requested relief along with statutory court costs.

Preparing Your Case

1. Gather Evidence:
   • Collect and organize all relevant documents, receipts, and evidence from your dealings with the other party in chronological order.
   • Print or save evidence from cell phones, computers, or other electronic devices for submission to the court.
   • Consider creating a detailed timeline of events to help present your case clearly.
   • Bring copies of all documents for the court and all parties involved.
2. Identify Witnesses:
   • Determine if you need witnesses to testify at your trial. Witnesses must have personal knowledge of the facts of your case.
   • Friends and relatives can come voluntarily, but impartial witnesses (e.g., business people, police officers) may need a subpoena.
   • To obtain a subpoena, use the Subpoena (GF-126A) and Certificate of Appearance (GF-126B) forms, available at Wisconsin Courts or from the clerk’s office. All subpoenas must be signed by a court official.
   • Specify what documents or evidence you want the witness to bring in the subpoena.
   • Serve the subpoena on the witness through the sheriff or a private process server well in advance of the trial.
   • Include a witness fee of $16.00 plus $0.20 per mile for travel to and from the courthouse.
3. Expert Witnesses:
   • An expert witness possesses specialized training, experience, or expertise in a field relevant to your case (e.g., a mechanic for defective merchandise).
   • Expert witnesses can set their own fees, which may exceed the standard $16.00 witness fee. If you win, you may be able to recover up to $300 for their testimony.
   • Expert witnesses typically must testify in person; written statements or affidavits are usually not sufficient.

Trial

1. Trial Conduct:
   • Small claims trials are informal and overseen by a judge or commissioner.
   • Treat each other with dignity and respect.
2. Arriving at Court:
   • Arrive at least 15 minutes early to the assigned courtroom.
   • Notify the bailiff or court clerk of your arrival.
   • Bring all relevant documents related to your case to present at trial.
3. Presenting Evidence:
   • The judge or commissioner may refuse evidence or arguments that are irrelevant or inadmissible.
   • Each party must prove their claims by the “greater weight of credible evidence.”
   • The plaintiff presents evidence first, followed by the defendant.
4. Testifying:
   • Swear or affirm to testify truthfully.
   • Present your facts clearly and concisely, focusing on key points without digressing.
   • If you have documents, show them to the judge and opposing party, explaining their relevance. Bring enough copies for everyone involved.
5. Cross-Examination:
   • After the plaintiff’s testimony, the judge may ask questions, followed by the defendant’s cross-examination.
   • The plaintiff can then call additional witnesses, subject to similar questioning and cross-examination.
6. Defendant’s Case:
   • The defendant presents their case similarly, allowing the plaintiff to cross-examine.
   • The plaintiff may also present rebuttal evidence if necessary.
7. Decision:
   • After all evidence is presented, the judge or commissioner will either state the decision immediately or provide a written decision later.

Won a Small Claims

1. Judgment Entry:
   • The clerk of court will enter a judgment in the court record.
   • Both parties will receive notice of the judgment.
2. Recovering Costs:
   • If you win, the judgment will include statutory costs and fees, which may consist of:
     • Filing fees for the case.
     • Mailing fees for the Summons and Complaint, or service fees if applicable.
     • Witness fees if they were subpoenaed and compensated.
     • Limited attorney fees if an attorney represents you in court.
3. Non-Recoverable Costs:
   • Not all expenses are recoverable, including:
   • Lost wages for attending court.
   • Parking and transportation costs.
   • Attorney fees for consultations if the attorney did not appear in court with you.

Enforce the Judgment

1. Financial Disclosure:
   • If you receive a money judgment, the other party must complete a Financial Disclosure Statement (SC-506B) and send it to you within 15 days, unless they have already paid.
2. Non-Compliance:
   • If the other party fails to complete the disclosure, you can file:
     • Motion and Request for Hearing on Contempt (SC-507A)
     • Order for Hearing on Contempt (SC-507B)
3. Collecting Your Judgment:
   • The court does not collect your judgment for you, but you can take several actions:
     • Docketing a Judgment for Collection (SC-6060V)
     • Handling Small Claims Earnings Garnishment (SC-6070V)
     • Handling Non-Earnings Garnishment (SC-6071)
     • Executing Against Property (SC-6080V)
     • Collecting on a Judgment for Money (SC-6090V)
     • Collecting on a Judgment for Replevin (SC-6100V)
4. Motor Vehicle Accident Judgments:
   • If your judgment is $500 or more for damages from a motor vehicle accident, you can request the clerk to provide a certified copy of the judgment to the Division of Motor Vehicles (DMV).
   • To do this:
     • Complete the Certificate of Judgment (MV3158) form available on the DMV website.
     • Submit the form to the clerk along with the required fee.
     • The clerk will review the information, sign, and send it to the DMV, which may then suspend the debtor's operating privilege and vehicle registrations.

Appeal

1. Appealing a Commissioner's Decision:
   • If a commissioner made the decision, you can request a trial before a judge.
   • Deadlines:
     • If the decision was made at the hearing, file a Demand for Trial within 10 days of the hearing date.
     • If a written decision was issued, file the demand within 15 days of the mailing date.
   • Filing Process:
     • Complete the Demand for Trial and Instructions (SC-517) form.
     • File it with the clerk of court in the same county.
     • Mail a copy of the demand to the other party and provide proof of mailing.
2. Appealing a Judge's Decision:
   • If a judge made the decision and you are dissatisfied, you can appeal to the Wisconsin Court of Appeals.
   • Important Notes:
     • The circuit court does not provide forms for appeals.
     • The rules for filing an appeal are complex.
   • Resources for assistance:
     • Guide to Appellate Procedure for the Self-Represented: Wisconsin Court System Guide
     • Appellate Help Desk: State Bar of Wisconsin Help Desk.

Reopen the Small Claims Case

1. Service by Mail Not Received:
   • If you did not receive the Summons and Complaint served by mail, you can petition the court to set aside the judgment.
   • Filing Deadline: File the petition within 15 days of gaining actual knowledge of the case or judgment. This option is not available after one year from the judgment date.
   • Forms: Use the Petition to Answer or to Reopen Small Claims Action with Mail Service (SC-511A) and the Order on Petition to Answer or to Reopen Small Claims Action with Mail Service (SC-511B) forms.
2. Improper Venue:
   • If a default judgment was entered against you in the wrong county, you can file a motion to reopen the case.
   • Filing Deadline: This must be done within one year of the default judgment.
   • Forms: Use the Motion to Reopen Small Claims Judgment (SC-515A) and the Order on Motion to Reopen Small Claims Judgment (SC-515B) forms. 3.Default Judgment/Judgment of Dismissal:
   • If you have a valid reason for missing court or failing to meet requirements, you can file a motion to reopen the case.
   • Filing Deadline: This must be done within 12 months of the judgment.
   • Forms: Use the Motion to Reopen Small Claims Judgment (SC-515A) and the Order on Motion to Reopen Small Claims Judgment (SC-515B) forms.

Summary

You can reopen your small claims case under specific circumstances, such as not receiving service, improper venue, or having a valid reason for missing court. Be mindful of the deadlines for filing motions and petitions.

Satisfaction of Judgment

How to Satisfy a Judgment:

1. Payment:
   • A judgment is considered satisfied once it has been paid.
2. Request for Satisfaction:
   • After payment, request the plaintiff to sign the Satisfaction of Judgment (GF-129) form.
   • Important: Make this request directly to the plaintiff, not through the court.
3. Plaintiff's Response:
   • The plaintiff must sign and return the Satisfaction of Judgment within 7 days. If they fail to do so, you may seek damages against them.
4. Filing with the Court:
   • To update the court record to show that the judgment has been satisfied, file the signed Satisfaction of Judgment.
   • Note: There is a filing fee associated with this process.
5. Outcome:
   • Once filed, the court record will indicate that the judgment has been satisfied.

Courthouse Locations:

Dane County Courthouse

215 S Hamilton St.
Madison, WI 53703
(608) 266-4311
https://courts.danecounty.gov/

BUILDING HOURS

• Monday - Friday 7:45 a.m. to 4:30 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at Dane County

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