Legal

Wisconsin Small Claims Court: $10,000 Limit Now, $15,000 From January 1, 2027

Wisconsin small claims court hears money claims up to $10,000, rising to $15,000 on January 1, 2027, and injury claims up to $5,000. How to file, the return date, court commissioners, the 10- and 15-day demand for trial, defaults and appeals.

The west side of the Milwaukee County Courthouse
The west side of the Milwaukee County Courthouse. Photo: Asher Heimermann, CC BY 3.0, via Wikimedia Commons.

Wisconsin’s small claims court is part of the circuit court. It handles most money claims up to $10,000 today, and that limit rises to $15,000 on January 1, 2027 [1][2]. Injury and other tort claims stay capped at $5,000 [2]. Hearings are informal, and some counties start cases before a court commissioner rather than a judge [1].

At a glance

Money claims
Up to $10,000; $15,000 from Jan. 1, 2027 [2]
Injury and other tort claims
Up to $5,000 [2]
First court date
8 to 30 days after the summons issues [1]
Disagree with a commissioner
Demand a trial within 10 or 15 days [1]
Default judgment
No appeal; ask to reopen within 12 months [1]
What Wisconsin small claims court hears
Type of caseLimit
Money judgments, garnishment, liens on personal property$10,000 ($15,000 from Jan. 1, 2027)
Replevin (getting property back)$10,000 ($15,000 from Jan. 1, 2027)
Personal injury, tort and third-party claims$5,000
EvictionsAny amount of rent
Return of earnest money on a home purchaseAny amount
Source: Wis. Stat. § 799.01: Applicability (dollar limits) · Checked 2026-11-05 · Wis. Stat. § 799.01 as amended by 2025 Wis. Act 105

What changes in 2027

2025 Wisconsin Act 105 raises the limit for most money claims, and for replevin, from $10,000 to $15,000, effective January 1, 2027 [2]. The $5,000 cap on personal injury and other tort claims doesn’t change [2].

Who can appear

You can bring or defend a small claims case yourself [1]. A business can appear through a member, agent or authorized employee [1]. Either side can also hire a lawyer [1]. Someone who bought a claim (an assignee ) can’t appear through an employee unless that employee is a lawyer [1].

How to file

  1. Pick the right county. For most cases, venue follows the general civil rules. Consumer credit claims follow the venue rule in the Wisconsin Consumer Act [1].
  2. Fill out the summons and complaint. The complaint must be in writing and describe what happened, when, and what you want [1]. The clerk can’t require you to notarize it [1].
  3. Get a return date. The clerk sets the return date . For a Wisconsin resident, it’s 8 to 30 days after the summons is issued, and service must happen at least 8 days before it [1].
  4. Serve the other side. Personal service is the default. A court can allow service by mail by local rule [1].

Filing fees are set by state statute and charged by the clerk [1]. Ask your county clerk for the total, since service and other charges are added.

The return date and the trial

On the return date, the defendant can answer, move to dismiss or otherwise respond [1]. Outside eviction cases, a party who appears on the return date gets a postponement of at least 7 days on request [1].

Trials are informal. The judge or commissioner lets each side present evidence and question witnesses, and most formal rules of evidence don’t apply [1]. Either side can demand a six-person jury by paying the jury fee on time [1].

Court commissioners

In counties that use court commissioners, the commissioner may decide the case on the return date if both sides agree and no witnesses are needed [1]. The decision becomes a judgment 11 days after an oral decision or 16 days after a written decision is mailed [1].

If you disagree, file a demand for trial within 10 days of an oral decision or 15 days after a written decision is mailed [1]. You get a new trial before a judge on all issues [1].

Defaults, judgments and appeals

  • If you miss court: the other side can get a default judgment [1]. You can’t appeal a default, but you can ask the court to reopen it for good cause, generally within 12 months [1].
  • If you lose a money judgment: the court will order you to fill out a disclosure of your assets within 15 days, unless you pay first [1].
  • Appeals from small claims judgments go to the Wisconsin Court of Appeals [1].

Other states

Every state sets its own limit. See BestAmerica’s small claims limits by state.

Sources

  1. Wis. Stat. ch. 799: Procedure in small claims actions (PDF)
  2. Wis. Stat. § 799.01: Applicability (dollar limits)

Common questions

What is the small claims limit in Wisconsin?

$10,000 for most money claims, rising to $15,000 for cases filed on or after January 1, 2027. Personal injury and other tort claims are capped at $5,000. Evictions go to small claims regardless of the amount of rent.

Can I have a lawyer in Wisconsin small claims court?

Yes, but you don't need one. You can represent yourself, a business can appear through an authorized employee or member, or either side can hire a lawyer.

What if I disagree with a court commissioner's decision?

File a demand for trial within 10 days of an oral decision, or 15 days after a written decision is mailed. That gets you a new trial before a judge on all issues.

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