Small Claims: Filing a Claim
Claim for Money: Someone did something that caused you a financial loss. This may include, for example, not following through on a contract or not returning your security deposit in time.
*If the amount that you lost is $10,000 or less, you may file a small claims lawsuit.
*If the amount that you lost is over $10,000, then you would need to file a large claim
civil action.
Tort (Personal injury): Someone did something that caused you personal harm. The action that harmed you may be the result of carelessness (“negligence”) or intentional. This may include, for example, a physical injury resulting in medical bills or damage to your property, business, or reputation.
*If the the cost of damages are $5000 or less, you may file a small claims lawsuit.
*If the cost of damages are over $5000, then you would need to file a large claim civil action
Eviction: Your tenant is not following some aspect of the lease or has not paid rent in a timely manner. You must give notice to the tenant (more information below) that they are not following the terms of their rental agreement. You may file a small claims lawsuit to have the tenant removed from the property and for financial losses such as unpaid rent and property damages.
*Do you know about rental assistance funds that may be available for your tenant?
*Do you want information about no cost alternatives to eviction?
For information, contact the Rental Housing Resource Center in Milwaukee.
Replevin: Someone took something you own (including a pet) and you want that personal property returned to you. This may include, for example, taking or keeping a car, a pet, or jewelry.
*If the amount of the property is $10,000 or less, then you may file a small claims lawsuit requesting return of that property (replevin).
*If the property taken was subject to a commercial lease or a loan, and the amount financed is $25,000 or less, then you may file a small claims lawsuit.
*If the amount of the property is over $10,000 (or $25,000 in commercial financing), then you would need to file a large claims civil lawsuit.
Garnishment: Garnishment is having money taken out of the other party's paycheck or bank account and having it sent it to you to pay the judgment you have against them. You must know where the other party works or banks before starting a garnishment.
Satisfying a Judgment: After the judgment is paid either party can file a notarized "Satisfaction of Judgment" form with the Milwaukee County Clerk of Circuit Court's office.
Re-opening Small Claims: If you failed to appear for your scheduled small claims court date and if you are the defendant, a judgment may be entered against you; if you are the plaintiff, your case may have been dismissed. Generally, you may file a motion to reopen the case within 12 months of the judgment.
*If the amount that you lost is $10,000 or less, you may file a small claims lawsuit.
*If the amount that you lost is over $10,000, then you would need to file a large claim
civil action.
Tort (Personal injury): Someone did something that caused you personal harm. The action that harmed you may be the result of carelessness (“negligence”) or intentional. This may include, for example, a physical injury resulting in medical bills or damage to your property, business, or reputation.
*If the the cost of damages are $5000 or less, you may file a small claims lawsuit.
*If the cost of damages are over $5000, then you would need to file a large claim civil action
Eviction: Your tenant is not following some aspect of the lease or has not paid rent in a timely manner. You must give notice to the tenant (more information below) that they are not following the terms of their rental agreement. You may file a small claims lawsuit to have the tenant removed from the property and for financial losses such as unpaid rent and property damages.
*Do you know about rental assistance funds that may be available for your tenant?
*Do you want information about no cost alternatives to eviction?
For information, contact the Rental Housing Resource Center in Milwaukee.
Replevin: Someone took something you own (including a pet) and you want that personal property returned to you. This may include, for example, taking or keeping a car, a pet, or jewelry.
*If the amount of the property is $10,000 or less, then you may file a small claims lawsuit requesting return of that property (replevin).
*If the property taken was subject to a commercial lease or a loan, and the amount financed is $25,000 or less, then you may file a small claims lawsuit.
*If the amount of the property is over $10,000 (or $25,000 in commercial financing), then you would need to file a large claims civil lawsuit.
Garnishment: Garnishment is having money taken out of the other party's paycheck or bank account and having it sent it to you to pay the judgment you have against them. You must know where the other party works or banks before starting a garnishment.
Satisfying a Judgment: After the judgment is paid either party can file a notarized "Satisfaction of Judgment" form with the Milwaukee County Clerk of Circuit Court's office.
Re-opening Small Claims: If you failed to appear for your scheduled small claims court date and if you are the defendant, a judgment may be entered against you; if you are the plaintiff, your case may have been dismissed. Generally, you may file a motion to reopen the case within 12 months of the judgment.
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.
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.
Forms
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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. Proof of Service: CIVIL
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I want to file an eviction action.
BEFORE YOU FILE:
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
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
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.