Small claims court in Wisconsin (2026)
In Wisconsin you can sue for up to $10,000 in small claims. Court: Circuit Court (small claims procedure, Wis. Stat. ch. 799). Lawyers: allowed. Appeal: either side, 10 days. For a broken written agreement you generally have 6 years to sue. Last checked .
Wisconsin small claims at a glance
- Most you can sue for
- $10,000
- Court
- Circuit Court (small claims procedure, Wis. Stat. ch. 799)
- Filing fee
- $94.5–$98
- Lawyers
- Allowed
- Appeal
- Either side, 10 days
Can you sue in Wisconsin small claims?
Enter the amount and the date it happened. Nothing you type leaves your browser.
Wisconsin small claims limit
$10,000
Enter the amount to compare it with the limit.
The rule: Money claims up to $10,000. Personal injury, tort claims and third-party complaints are limited to $5,000. Evictions are heard regardless of amount. Replevin up to $10,000 (consumer credit replevin up to $25,000 financed). 2025 Wis. Act 105 raises the general money and replevin limits to $15,000 effective January 1, 2027; the $5,000 tort limit is unchanged.
Deadline to sue (general rule)
6 years for this kind of claim in Wisconsin. Enter the date it happened to see the last day.
Contracts, express or implied: 6 years. Injury to real or personal property (not arising on contract): 6 years, but 3 years if from a motor vehicle accident. Personal injury: 3 years.
Lawyers: Lawyers may represent either side.
Appeal: If a court commissioner decides the case, either party may file a demand for a new trial before a judge within 10 days of an oral decision or 15 days after mailing of a written decision. A judge's judgment may be appealed to the court of appeals (on the record) within 45 days of entry if written notice of entry was given, otherwise within 90 days.
Filing fee: Until October 31, 2026: $94.50 to start a small claims action ($22 filing fee, $51 court support services surcharge, $21.50 justice information surcharge); Milwaukee County adds a $3.50 special prosecution clerks surcharge ($98.00). Add $35 per party if e-filed and $2 per defendant for service by mail. From November 1, 2026 (2025 Wis. Act 179): filing fee $39, support surcharge $61, justice information surcharge $24 (total $124.00; Milwaukee adds $7.50, total $131.50), and the mailing fee becomes $7 per defendant.
The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.
Where to file and how much
- Court. Small claims cases are filed in circuit court; many counties have a circuit court commissioner hear them first. Venue generally follows s. 801.50 (for example, where the claim arose or where the defendant lives or does business); consumer transaction claims follow s. 421.401.
- Limit. Money claims up to $10,000. Personal injury, tort claims and third-party complaints are limited to $5,000. Evictions are heard regardless of amount. Replevin up to $10,000 (consumer credit replevin up to $25,000 financed). 2025 Wis. Act 105 raises the general money and replevin limits to $15,000 effective January 1, 2027; the $5,000 tort limit is unchanged.
- Filing fee. Until October 31, 2026: $94.50 to start a small claims action ($22 filing fee, $51 court support services surcharge, $21.50 justice information surcharge); Milwaukee County adds a $3.50 special prosecution clerks surcharge ($98.00). Add $35 per party if e-filed and $2 per defendant for service by mail. From November 1, 2026 (2025 Wis. Act 179): filing fee $39, support surcharge $61, justice information surcharge $24 (total $124.00; Milwaukee adds $7.50, total $131.50), and the mailing fee becomes $7 per defendant.
Who can sue and who can speak in court
- A party may appear in person or by a Wisconsin attorney. A business acts in its own person when it appears through a member, agent or authorized employee. An assignee of a claim may sue, but may not appear through a full-time employee unless that employee is a Wisconsin attorney.
- Before you file. Chapter 799 and the court's self-help page do not require a demand for payment before filing.
- Jury and moving the case. Any party may file a written jury demand and pay the jury fees ($89 per the fee table); otherwise trial is to the court. Where a court commissioner hears the case, the jury demand must be made with the demand for trial.
How long you have to sue in Wisconsin
The general statute of limitations, counted from the day the agreement was broken or the damage happened. Contracts, express or implied: 6 years. Injury to real or personal property (not arising on contract): 6 years, but 3 years if from a motor vehicle accident. Personal injury: 3 years.
| Kind of claim | Time to sue |
|---|---|
| Written contract | 6 years |
| Oral (spoken) agreement | 6 years |
| Damage to property | 6 years |
| Personal injury | 3 years |
Law: Wis. Stat. §§ 893.43, 893.52, 893.54
After the hearing: appeals and collecting
- Who can appeal
- Either side can appeal.
- Kind of appeal
- Depends on the court — see below
- Deadline
- If a court commissioner decides the case, either party may file a demand for a new trial before a judge within 10 days of an oral decision or 15 days after mailing of a written decision. A judge's judgment may be appealed to the court of appeals (on the record) within 45 days of entry if written notice of entry was given, otherwise within 90 days.
- Collecting the money
- After a money judgment the debtor must give the creditor a disclosure statement of assets within 15 days unless paid. Creditors can docket the judgment, garnish earnings, and execute against property; court guides cover each step.
Good to know in Wisconsin
- Limit change: $10,000 now; $15,000 for money and replevin claims from January 1, 2027 (2025 Wis. Act 105).
- Fee change: statutory filing fee and surcharges increase November 1, 2026 (2025 Wis. Act 179).
- A court commissioner's decision becomes a judgment 11 days after an oral decision or 16 days after mailing a written one, unless a demand for trial is filed.
- A counterclaim over the small claims limit costs $125.50 per the fee table.
Official help and forms
- Wisconsin courts: small claims self-help
- Wisconsin small claims forms
- Write a demand letter before you file (free, stays in your browser)
Sources
- Wis. Stat. ch. 799 (Small Claims Actions), PDF published 10-1-26 (read October 18, 2026)
- Wis. Stat. ch. 814 (Court Costs, Fees, and Surcharges) (read October 18, 2026)
- Wis. Stat. ch. 893 (Limitations) (read October 18, 2026)
- Wis. Stat. ch. 808 (Appeals) (read October 18, 2026)
- Wisconsin Court System - Small claims self-help (read October 18, 2026)
- Wisconsin Circuit Court Fee, Forfeiture, Fine and Surcharge Tables (updated Sept. 2, 2026) (read October 18, 2026)
- Wisconsin Court System - Small claims forms (read October 18, 2026)
Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.
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