What is Small Claims Court? - Legal Aid Society of Milwaukee



Guide for Filing a Small Claims ActionThis guide is designed to help you through the process of filing a small claims case yourself. It includes basic information on small claims court and the types of cases that can be filed there as well as step-by-step directions for filing a lawsuit in Small Claims Court.What is Small Claims Court?Small claims court is a special court where disputes are resolved more quickly and inexpensively than in other court proceedings. The rules in small claims court are also simpler and less formal making it easier for individuals who do not have legal counsel to pursue claims on their own. The person who sues is called the plaintiff. The person who is sued is called the defendant.What kinds of cases go to Small Claims Court?The four most common types of small claims cases are:Claim for moneyLawsuits where the amount the plaintiff is suing for is $10,000 or less if the suit is for:Money judgments only, ORGarnishment of wagesA claim for money is often based upon a person breaching a contract, such as a lease agreement or an employment contract.Tort/Personal Injury: Lawsuits where the amount claimed is $5,000A tort claim 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, business, reputation, or other interest. The act may be the result of carelessness (called "negligence") or may be intentional. A tort is different from a breach of contract or a crime.Eviction actions: Lawsuits for eviction regardless of the amount of rent claimed.Replevin: A lawsuit for replevin is a lawsuit for the return of your personal property that a defendant has deprived you of ownership or access to. Personal property is any items that have value but personal property does not include real estate or housing. Think of real property as items that a person can take with them when they move from one place to another such as vehicles, clothes, electronics, and family photos.Unlike a claim for money, a person suing for replevin wants the actual items returned rather than an award for the dollar value of that property.Who can sue in Small Claims Court?Any adult can sue in small claims court as can an emancipated child.Do I need an attorney to sue in Small Claims Court?The answer is no. While it is your right to have an attorney represent you if you wish, the cost of hiring an attorney may be greater than what you are actually suing for. Small Claims Court rules and procedures are designed to make it easier for those without legal representation to pursue claims on their own. The Court uses the terms “Self-representation” or “Pro Se” to describe lawsuits by clients who are representing themselves.Do I have to pay a fee to sue in Small Claims Court?Generally, the answer is yes. You will have to pay the Clerk of Court a fee to file your Summons and Complaint. This small claims filing fee is set by state law (). The filing fee and certain other fees may be charged against the defendant if you win your case.However, not everyone can afford the filing fee for a Small Claim action. If you cannot afford the filing fee, you may complete the Waiver of Filing Fees and Affidavit of Indigency (CV-410). If the court finds that you cannot afford to pay, the court may waive some or all of the filing and service fees.What County do I file a Small Claims lawsuit in?Where you should file your case depends on the type of claim you are pursuing. It also depends upon the specific facts of your case.Claims for money/Torts/Personal Injury: In claims for money where the amount claimed is $10,000 or less, or for torts or personal injury actions where the amount claimed is $5,000 or less, the lawsuit should be filed:In the county where a defendant resides; ORIn the county where the claim arose.Return of earnest money: Lawsuits for the return of earnest money should be filed:In the county where a defendant resides; ORIn the county where the real estate is located; ORIn the county where the purchase contract was signed.Replevins: Actions for replevin (return of personal property) should be filed:In the county where a defendant resides; ORIn the county where the personal property is located; ORIn the county where the claim arose.Step-by-Step Guide for Milwaukee County Small Claims ActionsStep 1: Drafting a Complaint and SummonsFill out your Complaint and Summons. A Complaint tells the court who you are suing, why you are suing that person, and what kind of damages you are seeking. The Summons lets the defendant know you are suing them and why. The Complaint and Summons can be combined into one document. You may use a blank Summons and Complaint form created by the Wisconsin courts or have an attorney help fill out a complaint and summons for you.The blank Wisconsin Summons and Complaint Form is “SC-500i” and can be downloaded off of the internet and filled out by hand.Step 2: Fill out Fee Waiver if You Cannot Afford the FeesCV-410 is a standard form available for download for those who cannot afford the filing and service fees.You can fill out this form yourself or have an attorney help you.Step 3: Get Your Documents NotarizedGet your documents notarized by a member of the notary public. You may need to provide proof of identity.Your Summons and Complaint will need to be notarized as will your fee waiver form if you are going to submit one.A lawyer can notarize documents for you.There is also a Notary desk at the Milwaukee County Courthouse in Room 104 that will notarize documents for free.You will have to sign your document in the presence of the notary after proving your identity to them. DO NOT SIGN YOUR DOCUMENTS IN ADVANCE.The notary will then stamp or mark your document and sign it.Step 4: Make CopiesMake copies of your signed and notarized Complaint and Summons. You will need 3 copies for every Defendant you are suing, you will need a copy for yourself, and you will need the original document as well.There is a copy machine available at the Milwaukee County Courthouse in the Legal Research Center, Room G-10, on the basement level. Copies cost $.20 per page. The Clerk’s office will NOT make copies for you.Step 5: Get Fee Waiver ProcessedIf you are filing a Fee Waiver form, take the completed form to the Chief Judges Office in Room 609 on the 6th floor of the Milwaukee County Courthouse. The receptionist will evaluate the form, stamp the Chief Judge’s signature, and return it to you.Step 6: File Your Papers with the Clerk of the Small Claims CourtGo to the Clerk of Courts Office in Room 104 with all of your documents.Give the original and copies of the Summons and Complaint to the clerk.The clerk will stamp the copies, assign a case number, and assign a hearing date. The court will keep the original and return the copies to you. The filing fee is $98.00. If you have a fee waiver, give it to the clerk instead of paying the filing fee.Step 7: Arrange to Have the Sheriff’s Department Serve the Summons and Complaint on the Defendant(s)Go to the Milwaukee County Sheriff’s Process Division in Room 102 at the Milwaukee County Courthouse.Give the Sheriff’s Process Division 3 stamped copies of the Complaint and Summons for every defendant.The service fee is $60 without a fee waiver. If you have a fee waiver, give it to the Sheriff’s Process Division. Make sure the case number assigned in Room 104 is written on the form. The Sheriff will attempt to serve the defendant. The Sheriff will mail an Affidavit of Service to the address listed on your Summons and Complaint. YOU MUST BRING THE AFFIDAVIT OF SERVICE TO YOUR HEARING. Step 8: Attend all Scheduled HearingsBe sure to attend all hearings. If you fail to appear, your case may be dismissed and you will lose any fees that you have paid. ................
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