Small Claims Plainly

State guide

Wisconsin

This is general information, not legal advice. Wisconsin's small claims procedure is chapter 799, used in circuit court. Section 799.01 makes that procedure the exclusive procedure for listed actions. For a case filed before January 1, 2027, the statute's prior text, which the legislature's site still prints beside the future text, caps replevin at $10,000 and caps other civil actions for money judgments, attachment, garnishment, and liens on personal property at $10,000. Tort claims, personal-injury claims, and third-party claims are small claims when the amount claimed is $5,000 or less. Evictions, and certain actions to return earnest money on a small residential purchase, use the procedure regardless of amount. On January 1, 2027, 2025 Wisconsin Act 105 raises the replevin and other-civil figures shown in the section to $15,000.

Checked against official sources on October 11, 2026. Rules and links change; confirm with the office listed before you act.

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Small claims procedure in circuit court
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Wisconsin Statutes section 799.01, as published before the January 1, 2027 changes, uses small claims for replevin and for most other civil money claims of $10,000 or less, and for tort and personal-injury claims of $5,000 or less. The statute shows those replevin and other-civil caps rising to $15,000 on January 1, 2027. Eviction and certain earnest-money cases use the procedure regardless of amount.
Statute or court page
Official page →
Filing or self-help page
Official page →

The legislature's page shows the future text first and then a note of the text in effect until January 1, 2027. Today, before that date, the $10,000 replevin line and the $10,000 other-civil line are the ones in force. The $5,000 tort and personal-injury line is stated in the current paragraph and is not described on the page as changing on that date. Read the paragraph that matches your claim. An eviction is a small claim even if the rent demanded is large. A car-crash injury claim is a small claim only if the amount claimed is $5,000 or less.

A taxing authority may use the procedure, though it does not have to, to recover a tax of $10,000 or less including interest and penalties. That permissive paragraph is separate from the exclusive list. The statute's annotations note that the chapter does not authorize injunctions. If you need an order that someone stop doing something, chapter 799 is the wrong procedure. Circuit court clerks in each county take small-claims filings and set the return date. This directory does not state a fee. The clerk's schedule is the source.

Because the dollar lines change on January 1, 2027, write the filing date on your copy of the complaint. A case filed in 2026 is governed by the pre-2027 text the statute page prints as the current text. A case filed in 2027 uses the $15,000 replevin and other-civil text, unless the legislature changes the act again. Reopen section 799.01 when you file. Appeals and reopenings of small-claims judgments are in later sections of the chapter. Read section 799.30 and the judgment form rather than guessing a number of days.

Official resources in Wisconsin

Wis. Stat. § 799.01

Statute listing which cases use small claims and printing the January 1, 2027 increase.

Wisconsin statutes

Official statutes, including the rest of chapter 799.

Wisconsin Court System

Court site for circuit-court small-claims forms and clerk contacts.

Key facts for Wisconsin

What to do next

  1. Match your case to the right paragraph: eviction, tort, replevin, or other civil.
  2. Use the pre-2027 dollar text if you file before January 1, 2027.
  3. Reopen section 799.01 after that date before you use $15,000.
  4. File a regular civil action for a tort claim over $5,000.

Looking for your city or county in Wisconsin?

We haven't found official court-level pages for Wisconsin we can verify yet, so we don't show local numbers here rather than guess. Here's what to use instead, in order:

  1. General Start with the statewide information above. It applies across Wisconsin, but cities and counties can add their own steps, fees or deadlines.
  2. Call to confirm Ask the official office. They have the current local rule, fee and form.
    Wisconsin Court System
    Website →
    Phone not shown: use the contact page on the official website above.
    Your city or county office: Local governments →
    Not sure who handles it locally? USAGov's free help line, 1-844-872-4681, or the Wisconsin page on USA.gov can point you to the right office.
  3. Know the current info? Tell us and include a link to the official page. We check every tip before it goes up.

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