Small Claims
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 emergency 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 emergency 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.
I would like to begin filing a Small Claims case.
Someone has filed a Small Claims case (including eviction) against me. I need to respond to the case and/or file a case against them (counterclaim).
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I have won a Small Claims case and have a judgment against the other person. I need to garnish their paycheck or bank account in order to get that person to pay the judgment.
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I have lost a Small Claims case, but I have already paid the judgment. I need to notify the court that this case is satisfied.
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.
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I have lost a Small Claims case and I would like to re-open the case.
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.
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