The small claims court can be used to resolve disputes more quickly and cheaply than regular court proceedings can.This is possible because the small claims court uses simpler rules and procedures and limits the amount of money the person being sued can request.Small claims procedures are set up so that people can represent themselves without an attorney.To bring a small claims suit in Wisconsin, you need to file paperwork with the court, serve the defendants, and argue your case at a hearing.
Step 1: It is necessary to satisfy the age requirements.
You have to be over 18 or an emancipated child to bring an action in small claims court.A guardian ad litem is an attorney who is appointed by the court to represent people who are mentally incompetent.
Step 2: Make sure your claim is within the limits.
The maximum amount of money that can be sued in small claims court is called the jurisdictional limit.Specific types of non-monetary relief can be requested.Depending on what case you have, the limit may be different.$10,000 for debts or other civil actions for claims of money are some of the types of cases that can be filed in Wisconsin small claims court.
Step 3: Write a demand.
Wisconsin's small claims paperwork doesn't tell you to make a demand before you file your case.A good-faith effort to resolve your claim out of court can be seen by making a written demand.Explain how much the defendants owes you in writing.How long you will give the other party to respond before you file your case, and what the transaction or incident giving rise to your claim is.I paid James Smith $500 to paint my house on June 1, 2015.I want you to return my $500 because you did not paint the house.I will be forced to take legal action after July 30, 2015, if you don't respond by then.You need to have proof of when you sent the demand.You can request a return receipt if you send it by mail.Print the email with the date and time showing.You can show a judge that you tried your best to settle out of court if the defendants refuse or don't respond.You can mail the demand to the last known address of the defendants if you don't know where they live.
Step 4: Understand the limitations.
Small claims courts use simplified rules of discovery and evidence, and you can present your case to the judge.Parties and their attorneys can try to bury each other with discovery requests and depositions in order to get around complicated evidence rules.The small claims court uses limited discovery and evidence rules.You ensure that those tactics can't be used against you even if you give up the chance to use them.There are limited discovery and evidence rules that help parties represent themselves.When suing for a small amount of money, hiring an attorney is usually not cost-effective as the attorney's fees will eat into your recovery.If you don't think you can win on your own, you may want to hire an attorney.If the facts of your case are more important to you than the monetary reward, you may fare better with your own attorney, even if they are on staff.
Step 5: Consider using the small claims forms assistant.
The online forms assistance program of the Wisconsin court system helps you fill out the forms correctly.You are asked questions and the forms are generated based on your answers.You can use the Small Claims Forms Assistant.
Step 6: You can fill out a complaint.
To file a small claims case, you need to complete the Summons and Complaint.You can enter details about your case in the complaint section.The summons section tells the defendants that they have been sued and must respond.The form must be signed by you.If you want to enforce a prior judgment via a garnishment, you can use the summons and complaint here.This summons can be used to recover possession of personal property.
Step 7: You want to file a lawsuit against that party.
It can be difficult to name the person.If a group of people are responsible for the harm you have suffered, you can name them.You want to make sure that you name the right organization in your complaint if those people work for a corporation.See Appendix B of the instructions for more information.
Step 8: Decide where to file a lawsuit.
There is a court that has jurisdiction over the claim.You can file a lawsuit in the county where the person lives, or in a county that the claim arose.Suppose that the defendants violated a contract for a business deal in Wisconsin.The defendant lives in California while you live in Dane County.You can file a lawsuit in California, but not in Dane County.
Step 9: The court clerk can help you file your forms.
In addition to the original, make two copies of your summons and complaint.The court clerk can help you file your case.The forms will be "filed" by the clerk and returned to you.You will be given a hearing date by the clerk.Depending on how busy the court is, the date may be a few weeks or months away.The filing fee is for small claims cases.Fees may not be the same in Milwaukee County.You can file a petition for a fee waiver if you can't afford the filing fee.The form for a fee waiver can be found at the website.
Step 10: Have the person served.
After you file your paperwork, the defendants must be served with copies of the lawsuit.If the server gives the defendant the documents in person, he or she must be personally served.You can't serve the case on your own.You have to arrange for a professional process server, the sheriff's department, or someone who is not involved in the case to serve the defendants.In eviction actions, the server needs to post a copy on the door.You can ask the court clerk what forms of service are allowed in your case.
Step 11: Attach an Affidavit of Service.
The person who served you must sign the form.Depending on the type of case and service, there are different versions of the form.Each requires that the server sign the form in front of a person.The affidavit should be filed with the court once it has been signed.If the defendant was served by mail, use the Affidavit of Mailing.The form is available at the website.The Affidavit of Service is used for eviction actions.It is available at the website of the court.If the defendants are an individual or one of the specified organizations, use the Affidavit of Service.It is available at the website of the court.The Affidavit of Service can be used if the defendants are an limited liability company.The form is available at the website.
Step 12: You should try to locate the person.
If you can't find the new address, ask your friends, family, employers, landlords, and the post office.You could hire a private investigator.You may be able to serve the defendant by publication if you have made every effort to locate him or her.As a last resort, you can publish the notice in the local newspaper.
Step 13: An Affidavit of Due Diligence can be obtained.
Ask your process server for an Affidavit of Due Diligence.The process server and the sheriff's department give out affidavits when they can't serve the person.The form is signed by the server and states that he or she was unsuccessful in trying to serve the person.
Step 14: You need to fill out a publication summons.
The form can be found online at https://www.waicourts.gov/formdisplay/SC-5160V.doc.The hearing date and information about the parties should be entered.You will mail the information to the person at the last known address and publish it in the newspaper.
Step 15: A cover letter should be written.
Please find a publication notice and summons which I have filed in the county circuit court if you don't mind.You should keep a copy of the letter.
Step 16: You can mail your documents.
The summons and complaint should be sent to the last known address of the defendants.If you request a return receipt, you will have proof of when the documents were delivered.
Step 17: The publication summons and notice should be published.
The publication summons and notice should be delivered to the local newspaper in the area where you believe the defendants lives.A small fee will be charged by the newspaper for this service.Courts acknowledge that this method of service is a last resort, even though it is unlikely that the defendants will see the published notice.The statute only requires that the notice be published once and not multiple times.Take all of your forms to the court clerk once you have given your publication summons and notice.
Step 18: There are witnesses and evidence to be gathered.
You will be able to ask witnesses and present evidence in your case.You can quickly refer to documents and photographs that support your claims if you organize them in a binder.Make copies for the judge and the defendants.You should arrange for witnesses to accompany you to court.
Step 19: Prepare an opening statement.
An opening statement should tell the judge what you are asking for and why.What the defendant did that harmed you, what evidence you brought to prove that the harm occurred, and what you would like the court to do are all things you should mention.You can award money damages, evict a tenant, or return your personal property.In order to fully understand the dispute, the judge will ask you to elaborate.If you write out your opening statement before the event, you will be able to remember the points you want to make.You can feel less nervous in court if you have a written statement to refer to.
Step 20: Follow the court's protocol.
Arrive early, dress well, and wait for your case to be called.Take your place at the side of the table when your case is called.Don't address the person directly.You should speak to the judge if you are talking about the case.If you present evidence, you should give a copy to the defendants and the bailiff, who will deliver it the judge.
Step 21: You have to collect on your judgement.
If you win your case, the court will issue a judgement to you, which is a piece of paper that formally states that the other party owes you money.Collections and evictions are separate processes and hopefully the defendants will comply with the order.You can get a writ of execution to take personal property to satisfy the debt if you want to collect on your judgement.Ask the court clerk what forms you need to complete.The sheriff will post a notice at the property instructing the tenant to leave within 10 days.The sheriff will return to remove the defendants if they don't leave.