Waukesha County

Small Claims Matters (Pre-Judgment)

Small Claims Court is a special kind of Civil Court in which disputes are resolved more quickly and inexpensively and the rules are more simple and less formal. To understand more about small claims matters we recommend you read the Basic Guide to Wisconsin Small Claims Actions. The Guide covers a large number of Frequently Asked Questions. Below you will find a description and links to the forms and instructions to starting and answering a small claims matter (Pre-judgment). The following are the 5 types of cases heard in Small Claims Court:

Claim under Dollar Limit-Lawsuit under $10,000
A Claim Under Dollar Limit is a case involving issues such as breach of contract, property damage, or money owed from one person to another, when the amount claimed is $10,000 or less.

Return of Property (Replevin)
Non-consumer credit actions for replevin (return of personal property) if the property claimed is $10,000 or less; consumer credit transactions (for return of personal property that was subject of a lease or credit from a dealer) when the amount financed is $25,000 or less.

Eviction
A case to remove tenants from rental property and claim the money owed in rent and damages, regardless of the amount claimed.

Tort/Personal Injury ($5,000 or less)
A tort is a wrongful act that injures someone, where the injured person may sue the person/business causing the injury for monetary damages. The injury may be to a person's body, property, business, reputation, or other interest. The act may be the result of carelessness (called "negligence") or may be intentional. A tort is different from a breach of contract or a crime.

Three Less Common Types of Small Claims Cases Are:

  • Return of earnest money for purchase of real property
  • Arbitration award to confirm, vacate, modify, or correct an award resulting from an arbitration related to the purchase of real property, regardless of the amount.
  • Eviction due to foreclosure

Additional Pre-Judgment Assistance

Service
The delivery of legal papers filed by one party to the other.

You have been Served: Filing an Answer to a Small Claims Complaint
The person being sued may be required to file a statement in response to the lawsuit.