Who do I contact if I have questions about Small Claims?
- Small Claims Clerk
Clerk of Courts Office
711 North Bridge Street
Chippewa Falls, WI 54729
- 715-726-7758 extension 3
- Fax 715-726-7786
- Chippewa County Small Claims Rules - Must be attached to Summons and Complaint
- Small Claims Procedures
What types of issues are covered in Small Claims Court?
- Money Claims
- Limit of $10,000
- Regardless of the amount of rent claimed
- Return of property
- Tort/Personal Injury
- Limit of $5,000
- See the Small Claims Guide for other less common types of case
Where do I file a Small Claims Case?
- In the county where defendant resides or does substantial business
- Where the claim arose
- Where the subject property is located
How do I file a Small Claims?Small claims forms assistant
The small claims forms assistant site guides you through the process of filing a small claims legal claim in Wisconsin. By answering a series of questions this interactive site will help you to fill out necessary forms, print blank forms, or download a basic guide to small claims actions for each county.
- Go to small claims forms assistant. https://myforms.wicourts.gov/
Get the forms at the Clerk of Courts Office:
- File the forms
- Clerk of Courts Office
- E-file http://www.wicourts.gov/ecourts/efilecircuit.htm
- Receive a return date
- The return date is the initial appearance in the Small Claims case. All parties must attend the hearing.
- Pay the Filing Fee
- $94.50 + possible service fee
- Service of Summons and Complaint
- If personal service is required – you (the Plaintiff) are required to have the document(s) served by the Sheriff’s Department or a private process server. If mail service is allowed, the Clerk of Courts Office will mail the document(s).
I was granted a judgment by the Court – Now what?The Court will grant allowable court costs
- Docket the judgment
- Pay a $5.00 fee at the Clerk of Courts to perfect a lien on the debtor’s real estate
- Financial Disclosure
- Debtor required to complete and return to you within 15-days of entry of judgment – If debtor does not complete Financial Disclosure, you may file a contempt motion.
The judgment was paid
- Satisfaction of Judgment
- Plaintiff completes the form and provides to the debtor for filing at the Clerk of Courts with $5.00 fee. This will clear the judgment.
What if the judgment isn’t paid?
- Earnings Garnishment Notice
- $92.50 Filing Fee
- Creditor may start wage garnishment to recover the money owed.
- Garnishment packet provided at Clerk of Court.
- Non Earnings Garnishment
- Garnishment of accounts
- Creditor may obtain a Court order to the sheriff to seize and sell the (non-exempt) property and deliver the money to the creditor.
- What if we come to an agreement before the return date?
- A Stipulation form can be used to put the agreement in writing. This can be filed before the return date for the Court’s signature, except in eviction actions.
- What if I want to counterclaim ?
- You may file a counterclaim up to $10,000
- Counterclaims over $10,000 may be filed but require a fee. The case will then be transferred out of Small Claims to the upper branch.
- How do I reopen a judgment?
- File a motion/petition to reopen. Must be filed within 12 months of default judgment. No filing fee.
- What if I don’t like the Court’s decision?
- If it’s the Commissioner decision, you can request a Trial De Novo.
- If it’s a Judge’s decision, you can appeal the case to the Court of Appeals.
- Do I need a lawyer?
- An attorney is not required. It’s your decision whether or not to retain one. Court staff can not give legal advice.
- A Free Legal Clinic is held at the Chippewa Falls Public Library every 4th Wednesday of the month from 6:30 – 8:00 p.m.
- Wisconsin Lawyer Referral and Information Service http://www.wisbar.org/forPublic/Pages/for-public.aspx
Need more information?
Refer to the Wisconsin Guide to Small Claims Court for a complete overview, forms and instructions.