Small Claims

See Wis. Stat. §799.11, but generally file in the following county where one of the following apply:

• Where the claim arose
• Where the real or tangible personal property involved in the action is located
• Where the defendant resides or does substantial business
• If none of the previous apply, in a county selected by the plaintiff

Complete the summons and complaint

• The Plaintiff: The plaintiff is the person filing the case. Fill in your name and address in the space provided.
• The Defendant(s): The person sued is the defendant. Fill in the defendant’s correct name and address in the space provided.
• Case Number: Leave this space blank. The Clerk of Courts Office will assign a case number. The case number is very important. If you have concerns regarding your case, you will need to know your case number.
• When To Appear (a/k/a The Return Date): Leave this space blank. The Clerk of Courts Office will fill in the date and time. The return date is when the case is first called and is held on the first and third Tuesday at 1:30 p.m. at the Washburn County Courthouse.
• Plaintiff’s Demands (choose one of the following):
  • Claim Under Dollar Limit 31001: A Claim Under Dollar Limit is a claim for money of $10,000.00 or less. If the amount sought is more than $10,000 a regular civil action must be initiated.
  • Replevin 31003: A Replevin is for the return of property filed by the owner or person entitled to the property.
  • Eviction 31004: An eviction is filed by a landlord to remove a tenant(s) from physical possession of a rented property.
  • Arbitration Award 31006: Actions relating to confirmation, vacation, modification or correction of arbitration award is filed under “Arbitration Award”.
  • Item #2: Explain what you are asking for and why you believe you should receive it. The court will automatically include your filing and service fees if you prevail (win your case). These fees should not be included in your demand. The court will decide if you are entitled to pre-judgment interest. The plaintiff is responsible for calculating interest on any judgment awarded.
• Signatures: Sign the summons and complaint under signature of Plaintiff/Attorney.

File the original summons and complaint together with one copy for your records and a copy for each defendant (the Sheriff or a private process server requires one extra copy per defendant) to the Washburn County Clerk of Courts.

• If you mail the original and copies to the Clerk of Courts Office, include a self-addressed stamped envelope for your copy to be returned to you.
• A completed Declaration of Non-military Service (GF-175 form) is required to be filed for each defendant (not needed for a business). Forms are available on the Wisconsin Courts website.

The Wisconsin Court System has implemented e-filing which is fast, easy, and convenient. You can file from your home and your case can be monitored in real time. You may also submit required documents by mail or in person to:
Clerk of Courts
P.O. Box 339
10 4th Avenue
Shell Lake, WI 54871

Filing a small claims lawsuit is $94.50.

Services fees:

• $2 per defendant by regular mail
• $9 per defendant by certified mail

If you are unable to afford the filing and/or service fees, you may complete a Petition for Waiver of Filing and Service Fees/Affidavit of Indigency and Order (CV-410 form) and submit it with your small claims summons and complaint. The Judge will approve, deny, or order partial payment of fees based upon standard guidelines. Forms are available on the Wisconsin Courts website.

• Defendant living outside of Washburn County: Service by a Private Process Server or the Sheriff’s Department must be used per § 801.10(4)(a).
• Claim Under Dollar Limit:
  • Regular mail
  • Certified mail
  • Service by a Private Process Server or the Sheriff’s Department
• Replevin: Service by a Private Process Server or the Sheriff’s Department must be used per § 801.10(4)(a).
• Eviction: Service by a Private Process Server or the Sheriff’s Department must be used per § 801.10(4)(a).

Defendants must appear at the return date or file a written answer prior to the return date. If the defendant does not appear or file a written answer, or if the defendant does not contest the action, a judgment will be entered in favor of the plaintiff. If the plaintiff and defendant appear and the defendant contests (disputes) the action, both parties will immediately meet to quickly discuss the issues in the case and attempt to reach a settlement. If the case cannot be settled at the return date it will be set for a trial. If the case settles out of court, the plaintiff must notify the court in writing that the case has settled so all future hearings can be canceled.

Eviction

If the defendant contests the eviction, the eviction trial shall be set for the following week with the duty judge. If a defendant does not contest the eviction, the plaintiff will be entitled to a writ of restitution (eviction) in the Clerk of Courts Office.

1. Request your writ and pay the $5.00 writ fee.
2. Insert the address of the property into the writ.
3. The clerk will make copies. Keep one of the copies for your records and the others you will take to the Sheriff’s Department for service on the tenant(s) along with the completed the “Aid in Serving Papers” form. Be sure to include your phone number, as the Sheriff’s Department will have to contact you regarding your writ. The Sheriff’s Department must serve the “Writ of Restitution” on your tenant(s).
4. A Sheriff must serve the defendant(s). The Sheriff’s Department requires $100 for service fees.

Damages

Trials on Damages will occur approximately 30 days after the eviction hearing date. The damage hearing date will be scheduled at the time of the return date. Upon being restored to the premises, landlords seeking damages above and beyond those stated in the original petition shall file an amended petition and have the respondent served by first class mail, certified mail – return receipt requested, or personal service. This service shall occur at least five (5) days prior to the trial on damages or the landlord will be limited to the amount of damages originally claimed in the complaint. When filing your amended petition, allow time for service.

Cases not settled are tried before a Judicial Court Commissioner. Be punctual since a case can be dismissed or a default judgment entered upon a failure to appear. Report to the courtroom immediately upon arriving at the courthouse. Bring all evidence and witnesses to the trial. Evidence left at home and affidavits of witnesses cannot be used as the basis of any decision entered by the court.

Enforcing a Judgment A party awarded a judgment is responsible for enforcing collection, not the court. Any judgment can be docketed for a $5 docketing fee paid to the Clerk of Courts Office and will become a lien on the judgment debtor’s property. The judgment debtor will be sent a financial disclosure form that must be completed and returned to the judgment creditor (not the court) within 15 days. Failure to do so permits the judgment creditor to commence a contempt proceeding that may result in a sentence to jail.

There are different methods of collection:

• Garnish the wages or bank accounts of the judgment debtor. This information is part of what must be disclosed in the financial disclosure form. The filing fee is $92.50 and may last as long as 13 weeks. Garnishment actions must be filed in the county where the garnishee resides or, if not a resident of this state, the county of the original action. The State Bar of Wisconsin published a booklet: 21 Questions Employers Ask About Earnings Garnishment. To obtain a copy of this booklet, contact the State Bar of Wisconsin at 608-257-3838.
• Seize non-exempt property of the judgment debtor and sell it through execution. This is a more complex procedure best done with the services of an attorney.

The “Satisfaction of Judgment” form (GF-129) needs to be completed by the creditor (the party who received the money) when the judgment is considered paid in full. Once completed, the satisfaction form can be filed by the debtor (the party who paid the money owed) or the creditor along with a $5 fee.

• Search for circuit court cases & judgments at the WCCA website
• Wisconsin Guide to Small Claims Court
• Obtain the standard circuit court forms from the Wisconsin Court System
• State Statues Regarding Landlord & Tenant Information