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Wisconsin Small Claims Court

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Statues: Wisconsin Statutes Annotated, Ch. 799, Sections 01- 45; Ch. 421, Subchapter III, Section 401; Ch. 808, Section 04.

Dollar Limit:: $5,000; none in eviction cases. Where To Sue: Where defendant resides or does substantial business or where breach or injury occurred. Consumer credit claims - Where customer resides, collateral is or document signed. Corporation resides where it has principal office or where it does business.

Service: Certified or registered mail, any disinterested adult resident. For evictions, personal service required.

Hearing Date: Set by court.

Attorneys: Allowed; required for assignees.

Transfer: If either side requests jury trial or if defendant files compulsory counterclaim for more than $5,000, case tried under regular civil procedure of Court.

Appeals: By either side for review of law, not facts; to Court of Appeals within 45 days (15 days in eviction cases).

Special Provisions: Prevailing party may be awarded attorney fees up to $100 on judgments more than $1,000. Jury trial available. Evening and Saturday sessions available. A motion for a new trial must be made within 20 days of judgment.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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May 11 2008

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