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Small Claims: Filing a Claim

Types of small claims cases are:
​

Claim for money: Civil actions where the amount claimed is $10,000 or less, if the actions or proceedings are for money judgments only, or are for garnishment of wages.

Tort Actions: Where the amount claimed is $5,000 or less.
A tort is a wrongful act that injures someone, where the injured person may sue the person/business causing the injury for money damages. The injury may be to a person's body, property, buisness, reputation, or other interest. The act may be the result of carlessness (called "negligence") or may be intentional. A tort is different from a breach of contract or a crime.

Eviction actions: Actions for eviction regardless of the amount of rent claimed.

Replevins: Non-consumer credit actions for replevin (return of personal property) if the property claimed is $10,000 or less, or consumer credit transactions (for return of personal property that was the subject of a lease or credit from a dealer) when the amount financed is $25,000 or less.

Return of earnest money for purchase of real property

Action on an arbitration award for the purchase of real property
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Eviction action due to foreclosure.
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Remember
You can get help with the forms and legal advice at the Marquette Volunteer Legal Clinics. 

CHECKLIST: 
Small Claims Checklist
Eviction Checklist

LISTA DE VERIFICACIÓN: (haga clic aquí para obtener la Lista de Verificación para Casos de Menor Cuantia de Dinero)

I would like help filling out these forms!
Use the online assistant or visit our Marquette Volunteer Legal Clinic at the MJC  in the courthouse.

NEW:  Wisconsin Courts Self Help Assistant for Small Claims

Forms

I want to file a claim for money ($10,000 or less), replevin ($10,000 or less*), or a tort claim ($5000 or less).
SC-500
Small Claims Summons & Complaint (English/Spanish)

MKE Co.
Small Claims Complaint Page 2

Declaration of Non-Military Service
​​


​REMEMBER: You can get help with small claims issues at the Marquette Volunteer Legal Clinics.
I want to file an eviction action.
BEFORE YOU FILE: 
  • Do you know about rental assistance funds that are available for your tenant?  
    Contact the new Rental Housing Resource Center in Milwaukee. 
  • Have you tried mediation?
    Contact Mediate Milwaukee to learn more. 


Procedures (from MKE County Sheriff’s Department):

http://county.milwaukee.gov/ImageLibrary/Groups/cntyCourts/MJC/Documents/eviction_checklist.pdf

Notices (from MKE County website):
http://county.milwaukee.gov/Courts/Civil/SmallClaims/Eviction.htm    

SC-500
Small Claims Summons & Complaint (English/Spanish)
​

MKE Co.
Small Claims Complaint Page 2

Small Claims Eviction Complaint (Page 2)


Affidavit of Service of Termination Notice

Declaration of Non-Military Service

​
​​REMEMBER: You can get help with small claims issues at the Marquette Volunteer Legal Clinics.

MKE Co.
Preparing for and Participating in a Contested Small Claims Trial

SC-6000
Basic Guide to Wisconsin Small Claims Actions for Milwaukee County 

Fee Waiver Forms
If you are unable to pay the filing fees, and meet the income requirements, you can ask the court to waive the fees by completing form CV-410A&B below.  Check out this video tutorial on completing a fee waiver. ​

Form CV-410A
Petition for Waiver of Fees and Costs - Affidavit of Indigency

Form CV-410B
Order on Petition for Waiver of Fees and Costs

Not finding what you need? For additional information, visit the Wisconsin State Law Library website.
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The information on this website was developed for use in Milwaukee County. Forms and procedures may be different in other counties. This website is not intended to provide legal advice to any person. Your use of this website, and any forms you generate on it, is at your own risk and without warranties by the Milwaukee Justice Center.
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  • About Us
    • Mission & History
    • Staff
    • Annual Reports
  • Our Partners
    • Law Firm Partners
    • School Partners
  • Services, Hours, & Location
    • Using Zoom
    • Online Resources
    • MJC Family Forms How-To Videos
  • Mobile Legal Clinic
  • Run for Justice
  • Donate
  • Careers