Small Claims Court in Milwaukee County

In Milwaukee County, WI small claims cases are typically filed in the Division Court. Milwaukee County has 1 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 Milwaukee Court System.

Small Claims Court

In Milwaukee County, WI a claim for money arises when someone’s actions result in a financial loss for you. This could happen, for instance, if they fail to honor a contract or don’t return your security deposit on time.

• If the amount you lost is $10,000 or less, you can file a small claims lawsuit.
• If the amount exceeds $10,000, you'll need to file a larger civil claim.

A tort, or personal injury claim, occurs when someone’s actions cause you harm. This harm could be due to negligence, where they were careless, or it could be intentional. Examples include physical injuries that lead to medical bills or damage to your property, business, or reputation.

• If the damages amount to $5,000 or less, you can file a small claims lawsuit.
• If the damages exceed $5,000, you'll need to file a larger civil claim.

Eviction is necessary when your tenant isn't abiding by the lease terms or hasn't paid rent on time. To proceed, you must first notify the tenant that they are violating the rental agreement. You can then file a small claims lawsuit to have the tenant removed from the property and to recover any financial losses, such as unpaid rent or property damage.

• Are you aware of emergency assistance funds that might be available to help your tenant?
• Would you like information on no-cost alternatives to eviction?

For more details, you can reach out to the Rental Housing Resource Center in Milwaukee.

Replevin is a legal process you can use if someone has taken something that belongs to you, like a car, pet, or jewelry, and you want it returned.

• If the value of the property is $10,000 or less, you can file a small claims lawsuit to request its return.
• If the property was taken under a commercial lease or loan and the amount financed is $25,000 or less, you can also file a small claims lawsuit.
• If the value of the property exceeds $10,000 (or $25,000 in commercial financing), you would need to file a larger civil lawsuit.

Cases Handled

The Small Claims Court handles a variety of issues, including:

• Disputes between tenants and landlords
• Personal injury claims
• Cases involving stolen property
• Claims for damaged property
• Debt collection matters
• Auto repair issues
• Poor construction work
• Defective products
• Breaches of contract or verbal agreements

Small Claim Forms and Fees

Forms Required for Filing in Milwaukee County:

• Summons and Complaint, Small Claims (English/Spanish): Required for Milwaukee County. You will need the original plus 4 copies. Declaration of Non-Military Service: One copy is required for each person you are suing. No additional copies are needed.

Optional Forms for Fee Waiver:

• Petition for Waiver of Fees & Costs – Affidavit of Indigency: Submit the original only.
• Order on Petition for Waiver of Fees & Costs: Submit the original only.

Fees:

• Filing Fee: $98 (This fee is waived if you have an approved Fee Waiver).
• Service Fee (via Milwaukee County Sheriff): $90 (This fee is also waived with an approved Fee Waiver).

Additions to Make to Your Forms & Notes from Your Appointment

Before filing your forms, carefully review everything and make any necessary additions or corrections, especially to names, addresses, and phone numbers. Then, make copies as needed.

• Form Additions to Complete Before Filing:

Summons and Complaint, Small Claims

• Action Required: Sign and date the last page before making copies. Declaration of Non-Military Service
• Action Required: Sign and date at the bottom of the page. (Optional) Fee Waiver & Proof of Income or Public Assistance
• Important: Do not sign or date the Fee Waiver Petition until you are in front of a notary.
• Notarization: You can get the document notarized in Room 104 of the courthouse, or at most banks and post offices. Remember to bring your photo ID.
• Approval Process: After notarization, take the Fee Waiver to Room 609. To have it approved, you need to provide proof that you cannot afford the fees.
  • Public Assistance: If you receive public assistance, you can show the MyACCESS Mobile App on your phone for programs like BadgerCare or FoodShare.
  • Income-Based Qualification: If you qualify based on income, provide pay stubs, proof of unemployment, or similar documents.

Getting a Court Date

General Process

1. Prepare for Filing:
   • Make sure you have all the required documents ready, with both originals and copies being single-sided.
   • Bring money to cover any costs or fees.
   • If you need to get documents notarized, don't forget your photo ID.
   • If you’re using a Fee Waiver, bring proof of income or public assistance.
2. File In-Person at the Courthouse:
   • Location: 901 N. 9th St, open Monday-Friday from 8:30 am to 4:30 pm.
   • Room 609:* If using a Fee Waiver, go here to get it approved.
   • Room 104 (Window 13): File your documents at Window 13 only and receive your first court date.
   • Payment: Either show your approved Fee Waiver or pay the filing fee.
3. Serve the Defendants:
   • Have each party you are suing served by a third party (such as the Sheriff or a private process server) with a copy of the Summons and Complaint, including the court date.
   • This must be done at least 8 business days before your hearing.
4. Attend Your Hearing:
   • Your hearing will be held in Room 400.
   • Arrive early as you will need to go through security, which can take some time.

Service Methods

When choosing how to serve the other party, consider the following options. Note that if you attempt to serve on your own, the court may not accept it as valid.

1. Service through the Sheriff in the County Where the Other Party Lives

• Milwaukee County Sheriff’s Office:
  • After filing your motion, take all the paperwork to the Milwaukee County Sheriff’s Office located in Room 102 of the Safety Building.
  • Pay the $90.00 service fee or present your approved Fee Waiver.
  • Provide as much information as possible to help them locate the other party.
  • For more details, visit the Milwaukee County Sheriff’s Civil Process Division website.
• Sheriff’s Department Outside Milwaukee County:
  • Search online for the Sheriff’s Department in the county where the other party lives by using “[County name, State name] Sheriff’s Department.”
  • Call them and explain that you need to serve Small Claims forms from Milwaukee, Wisconsin to the other party in their county. You can also check their website for service details. Request that they send the proof of service document to your home address. Be aware that service fees may vary by county. If you have an approved Fee Waiver, ask if they will honor it.

2. Service through a Private Process Server in the Area Where the Other Party Lives

• Search online for “[County name, State name] private process servers” to find a company that provides civil process services.
• Contact the company and explain that you need to serve Small Claims papers from Milwaukee, Wisconsin to the other party.
• Request that they send the proof of service document to your home address.
• Some companies offer up to three attempts at serving the other party, while others may offer more or fewer attempts.
• Private process servers usually do not accept Fee Waivers, but their fees might be lower than those charged by the Sheriff.
• Private process servers are often more thorough in locating individuals who might be avoiding service, making this a good option if you believe the other party may try to evade being served.

Court

In a civil case, there are multiple court hearings you must attend in person. The first court appearance is typically a:

• Scheduling Conference: During this initial meeting, the judge will set deadlines for various stages of the case, including discovery. The judge may also issue other orders related to the case.

Each subsequent hearing will be scheduled as needed to address different aspects of the case or to resolve issues that arise.

Discovery

Discovery is the process where each party in a legal case learns about the evidence and witnesses the other side will use at trial. In Wisconsin, discovery includes:

• Written Discovery:
  • Interrogatories: Written questions that the other party must answer.
  • Requests for Production of Documents: Requests to provide specific documents or evidence.
• In-Person Discovery:
  • Depositions: Sworn testimony taken out of court, often used to gather information or prepare for trial.

Note: The court does not assist with discovery. For more detailed information, you can consult the Legal Resource Center.

Trial

A civil trial is a formal procedure where:

• Self-Representation: If you do not have an attorney, you must represent yourself. The judge must remain neutral and cannot assist you.
• Proving Your Case: You must prove your case by presenting evidence and having witnesses testify. You can also testify on your own behalf.
• Cross-Examination: The defendant (or their attorney) will question your witnesses, and you can question the defendant’s witnesses.
• Rules of Evidence: There are specific rules governing what evidence and testimony you can present. The judge will enforce these rules, even if you are not an attorney.

Garnishment

Garnishment Overview

Garnishment is a process where money is taken from the other party’s paycheck or bank account to satisfy a judgment you have against them. You need to know where the other party works or banks before initiating garnishment.

Types of Garnishment

1. Earnings Garnishment:
   • Used For: When the person you are trying to collect from is receiving a paycheck.
   • Forms: Specific forms and a step-by-step checklist are provided for filing an Earnings Garnishment.
2. Non-Earnings Garnishment:
   • Used For: When the person you are trying to collect from does not receive a paycheck (e.g.,they are not working or are self-employed) but has a bank account or other money in an account.
   • **Forms:**Specific forms and a step-by-step checklist are provided for filing a Non-Earnings Garnishment.

Fee Waivers

For qualifying low-income individuals, the courts offer a fee waiver. If you need to request a fee waiver, the form can be found at the bottom of the relevant page.

Motion to Reopen

If you missed your scheduled small claims court date:

• If You’re the Defendant: A judgment may have been entered against you.
• If You’re the Plaintiff: Your case may have been dismissed. Generally, you can file a motion to reopen the case within 12 months of the judgment.

Filing and Service Fees

• Satisfaction Fee: $5
• Cost of Mailing: Variable

Forms and Copies Needed

• Forms: The forms you need depend on your reason for reopening the case:
  • If you did not appear or Milwaukee County is the wrong location:
    • Forms: Motion to Reopen Small Claims Judgment (SC-515 A and B)
  • If you have new information or believe a factual mistake was made:
    • No state form exists for this situation. Seek legal advice for the appropriate steps.
  • Affidavit of Mailing – Small Claims (SC-5130V): (Original)

Section A: Filing a Motion to Reopen

1. Complete the Correct Document:
   • Fill out the appropriate form based on your situation.
2. Request File Transfer:
   • Go to Room G-9 (Record Center) to request that your file be sent to Room 400 (Small Claims Courtroom).
3. Submit Document:
   • Take the completed form to Room 400 and give it to the clerk.
   • A Court Commissioner will review the document:
     • If Approved: You will be given a new hearing date. Mail a copy of the motion to the other party.
     • If Denied: The case will be transferred to the Small Claims Judge for review:
       • If Judge Grants a New Hearing: You will get a new hearing date. Mail a copy of the motion to the other party.
       • If Judge Denies: The case is concluded, and the original judgment stands.

Section B: Next Steps

1. Bring Affidavit of Mailing:
   • If a new hearing is granted, bring your completed and notarized Affidavit of Mailing, which confirms that you mailed a copy of the motion to the other party.
2. Prepare Supporting Documents:
   • Organize any documents you want to present to the court. Bring two copies of each: one for the court and one for the other party.
3. Arrive Early:
   • Plan ahead for travel, parking, security, and locating the correct courtroom. Arriving early will help ensure you’re prepared for the hearing.

Collecting Judgment

A small claims judgment doesn’t automatically ensure that you’ll receive payment. The court does not collect the judgment for you, so if the debtor does not pay voluntarily, you’ll need to take additional steps to collect the money. Here are some options:

1. Docketing the Judgment

• Action: Take the case file to the Clerk of Courts, Room 104, and pay the $5.00 docketing fee.
• Effect: Docketing the judgment creates a lien against any real estate owned by the debtor in Milwaukee County for ten years.
• Out-of-County Real Estate: If you believe the debtor owns real estate in another county, you can docket the judgment at that county’s Clerk of Courts Office.

2. Sending a Financial Disclosure Form

• Forms: Obtain the Financial Disclosure Form (SC-506A and SC-506B) and Order on Financial Disclosure from the Milwaukee County Law Library, Room G-8, or online at wicourts.gov.
• Action: Send the form to the debtor by Certified Mail.
• Response Time: The debtor should complete and return the form within 15 days.
• Purpose: This form helps determine if the debtor has assets, such as a bank account or wages, that can be garnished.
• Non-Response: If the debtor does not return the form, you can request a contempt hearing in Small Claims Court.

3. Garnishing Wages

• **Forms:- Obtain Earnings Garnishment paperwork from Clerk of Courts, Room 104. The filing fee is $96.00.
• Action: If you know where the debtor works, you may garnish their wages for up to 13 weeks. This can be renewed for up to 10 years.
• Limitations: Wages cannot be garnished if the debtor is indigent or if their wages are already garnished to the maximum extent allowed.

4. Garnishing Bank Accounts

• **Forms:- Obtain Non-Earnings Garnishment paperwork from Clerk of Courts, Room 104. The filing fee is $96.00.
• Action: If you know where the debtor has a bank account, you may garnish it on a one-time basis.
• Limitations: Accounts cannot be garnished if the funds are from public benefits.

Satisfying a Judgment

Once the judgment has been paid, either party can file a notarized "Satisfaction of Judgment" form with the Milwaukee County Clerk of Circuit Court's office.

Filing and Service Fees

• Satisfaction Fee: $5
• Cost of Mailing: Variable

Forms and Copies Needed

• Form: Satisfaction of Judgment (GF-129) (Original and 1 copy)
• Additional: Self-addressed, stamped envelope

Section A: Completing and Filing Satisfaction of Judgment

1. Complete the Form: The creditor must complete the Satisfaction of Judgment form and sign it in front of a notary public. Keep one copy for your records.
2. File the Document:
   • In Person: File the original document and the self-addressed, stamped envelope in Room 104 (Clerk of Courts).
     • Pay the $5.00 satisfaction fee (this fee cannot be waived).
   • By Mail: Alternatively, you can mail the document, fee, and envelope to:
     • Milwaukee County Clerk of Courts
       901 N. 9th Street, Room 104
       Milwaukee, WI 53233

Section B: Next Steps

1. Receive Confirmation:
   • You will get confirmation that your Satisfaction of Judgment was received and filed, sent in the envelope you provided.
2. Online Record:
   • The Satisfaction of Judgment will not remove the case from CCAP (Consolidated Court Automation Programs). Court records will remain online for a specific period, depending on the case type. The online record will indicate that the judgment was satisfied and include the date the satisfaction was entered.

Courthouse Locations:

Milwaukee County Courthouse

901 N. 9th Street
Milwaukee, WI 53233
(414) 278-5362
https://county.milwaukee.gov/EN/Courts/Clerk-of-Court

BUILDING HOURS

• Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at Milwaukee County

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