Chapter 799

CHAPTER 799

PROCEDURE IN SMALL CLAIMS ACTIONS

799.01   Applicability of chapter.

799.02   Counterclaims and cross complaints.

799.03   Definition.

799.04   Relation of this chapter to other procedural rules.

799.05   Summons.

799.06   Actions; how commenced, pleadings, appearances.

799.07   File of summons; forfeiture tickets; warrants.

799.09   Public information.

799.10   Case file, court record.

799.11   Venue.

799.12   Service of summons.

799.14   Failure of actual notice of suit by mail.

799.16   Actions in rem or quasi in rem; limitation on judgment.

799.20   Answer; counterclaim and cross complaint.

799.205   Substitution of judge.

799.206   Return date proceedings before court commissioner.

799.207   Proceedings before circuit court commissioner.

799.208   Pretrial conference.

799.209   Procedure.

799.21   Trial.

799.213   Arbitration actions.

799.215   Trial by court, findings and judgment.

799.22   Judgment on failure to appear or answer.

799.225   Dismissal of pending actions.

799.24   Judgment.

799.25   Costs.

799.255   Small claims fees.

799.26   Money damages; disclosure of assets requested.

799.27   Adjournments.

799.28   New trial.

799.29   Default judgments.

799.30   Appeal.

799.40   Eviction actions.

799.41   Complaint in eviction actions.

799.42   Service and filing in eviction actions.

799.43   Defendant’s pleading in eviction actions.

799.44   Order for judgment; writ of restitution.

799.445   Appeal.

799.45   Execution of writ of restitution; disposal of personal property.

799.01 799.01 Applicability of chapter.

799.01(1) (1) Exclusive use of small claims procedure. Except as provided in ss. 799.02 (1) and 799.21 (4) and except as provided under sub. (2), the procedure in this chapter is the exclusive procedure to be used in circuit court in the following actions:

799.01(1)(a) (a) Eviction actions. Actions for eviction as defined in s. 799.40 regardless of the amount of rent claimed therein.

799.01(1)(am) (am) Return of earnest money. Actions for the return of earnest money tendered pursuant to a contract for purchase of real property, including a condominium unit, as defined in s. 703.02 (15), and time-share property, as defined in s. 707.02 (32), that includes 1 to 4 dwelling units, as defined in s. 101.61 (1), by sale, exchange or land contract unless the transfer is exempt from the real estate transfer fee under s. 77.25 regardless of the amount claimed.

799.01(1)(b) (b) Forfeitures. Actions to recover forfeitures except as a different procedure is prescribed in chs. 23, 66, 345 and 778, or elsewhere, and such different procedures shall apply equally to the state, a county or a municipality regardless of any limitation contained therein.

799.01(1)(c) (c) Replevins. Actions for replevin under ss. 810.01 to 810.13 where the value of the property claimed does not exceed $10,000.

799.01(1)(cm) (cm) Arbitration. Actions for the confirmation, vacation, modification or correction of an arbitration award where arbitration was in settlement of a controversy arising out of a transaction for the purchase of real property, including a condominium unit, as defined in s. 703.02 (15), and time-share property, as defined in s. 707.02 (32), that includes 1 to 4 dwelling units, as defined in s. 101.61 (1), by sale, exchange or land contract regardless of the amount of that award.

799.01(1)(cr) (cr) Third-party complaints, personal injury claims, and tort claims. Third-party complaints, personal injury claims, and actions based in tort, where the amount claimed is $5,000 or less.

799.01(1)(d) (d) Other civil actions. Other civil actions where the amount claimed is $10,000 or less, if the actions or proceedings are:

799.01(1)(d)1. 1. For money judgments only except for cognovit judgments which shall be taken pursuant to s. 806.25; or

799.01(1)(d)2. 2. For attachment under ch. 811 and garnishment under subch. I of ch. 812, except that s. 811.09 does not apply to proceedings under this chapter; or

799.01(1)(d)3. 3. To enforce a lien upon personalty.

799.01(2) (2) Permissive use of small claims procedure. A taxing authority may use the procedure in this chapter in an action to recover a tax from a person liable for that tax where the amount claimed, including interest and penalties, is $10,000 or less. This chapter is not the exclusive procedure for those actions.

799.01 History History: Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975); 1975 c. 325, 365, 422; 1977 c. 449 s. 497; 1979 c. 32 ss. 66, 92 (16); 1979 c. 175 s. 53; Stats. 1979 s. 799.01; 1983 a. 228; 1987 a. 208, 378, 403; 1989 a. 31, 359; 1991 a. 163; 1993 a. 80, 181; 1995 a. 27; 2011 a. 32.

799.01 Annotation This section does not authorize the court to grant injunctional relief. County of Columbia v. Bylewski, 94 Wis. 2d 153, 288 N.W.2d 129 (1980).

799.01 Annotation The $5,000 small claims limitation applies to pecuniary loss, but not to costs and fees associated with the loss. Reusch v. Roob, 2000 WI App 76, 234 Wis. 2d 270, 610 N.W.2d 168, 98-3102.

799.01 Annotation A plaintiff may elect to sue in small claims court when actual damages exceed $5,000. The small claims award limitation is a limit on recovery, not a bar that denies the court jurisdiction over cases in which the plaintiff’s actual damages exceed $5,000. When a trial court finds that a small claims plaintiff’s actual damages exceed the statutory award limit of $5,000, the court should apply any reduction for comparative negligence to the damages found before applying the statutory limit. Bryhan v. Pink, 2006 WI App 111, 294 Wis. 2d 347, 718 N.W.2d 112, 05-1030.