County Map

Local Small Claims Procedures

What can I do about a judgment listed on my credit report? 
A good place to start is the Clerk of Court office in the Government Center. You can use the public access computers or view the actual records involved. You can get useful information from the file and make copies of any documents that will help you clear your credit. You will be charged $1.25 per page for photo copies. Information regarding the judgment is listed on the court website. Call the credit reporting agency to ensure they have the updated information.

Where do I get forms to file a lawsuit?
Small Claims forms are available from the Clerk of Circuit Court office in the Government Center, 715/386-4636, or by clicking on link to State Courts Website. 

SMALL CLAIMS PROCEDURE IN BRIEF 
A small claims action may be filed if the claim does not exceed $5,000. All eviction cases, regardless of damages claimed, as well as consumer credit replevins are filed in small claims court. You are responsible for presenting your own case. It is not necessary to have an attorney.   Form SC-500 is the general summons and complaint used for most small claims.

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Filing the Summons and Complaint
Both the summons and the complaint must be filed to begin a lawsuit.  The original Summons and Complaint must be filed with the Clerk of Court.  A case number and Return Date will be assigned at that time.

Setting a Hearing Date
The court will set a Return Date.  Both parties are expected to appear on this date for mediation.  This will be approximately 30 days from the date the claim is filed with the Clerk of Court office.  Small claims actions are scheduled at 1:30 p.m. on most Tuesdays.  Evictions and Replevins are scheduled at 11:00 a.m. on Tuesdays.

Service by Summons
For money-only complaints, the summons and complaint can be served by mail for a fee of $2 per defendant, or by certified mail for a fee of $8.00 IF the defendant lives in St Croix County.  For all other situations, the Summons and Complaint must be personally served on the defendant by a sheriff, private process server, or any adult resident of the state who is not a party to the lawsuit.  Service must be made eight days prior to the initial appearance (five days for an eviction) excluding weekends and holidays.

A copy of the summons and complaint should be personally served on the defendant or on a competent member of the defendant’s household. If, after reasonable diligence, the defendant cannot be personally served, the plaintiff may call and ask for an adjournment to allow for service by publication. Publication is accomplished by placing a notice in the legal section of a local newspaper for one week and mailing a copy of the summons and complaint to the defendant’s last known address. Publication forms are available from the Clerk of Court office.

Hearings
If the defendant does not appear, a default judgment will be granted. A defendant must appear in person on the court date to answer the complaint. Attorneys and out of state defendants may submit a written request to appear by phone. Any defendant may file a counterclaim against the plaintiff or a cross complaint against a co-defendant. There is no fee if the claim is for less than $5000, but a fee is charged for claims over $5000 (see fee schedule). The parties should consider a settlement. Mediation is mandatory, mediators are available to help with settlement discussions. If no settlement occurs, a court trial will be scheduled for another date. A commissioner will weigh the evidence and render a decision. If either party objects to the decision, they may file a Demand for Trial before a Judge. Instructions will be provided.

Judgment
Once the judgment is granted, it will be entered on the court record by the clerk of circuit court staff and a Notice of Entry of Judgment will be mailed to each party at their last known address. This notice will state the amount of judgment, including statutory costs.

Costs
State law directs the Clerk of Circuit Court to compute costs and insert them in the judgment in favor of the successful party as follows: filing fee, service fees, statutory attorney fees, witness fees, jury fee, and any other costs which may be allowed by the court.

Disclosure of Assets
State law provides that if a person obtains a judgment for money, he or she is entitled to receive information regarding the financial status of the unsuccessful party within 15 days after entry of judgment. A form called Order for Financial Disclosure and Financial Disclosure will be mailed to the judgment debtor. Failure of the judgment debtor to provide this information in writing to the judgment creditor is punishable by court-imposed sanctions. The judgment creditor may compel the judgment debtor to appear in court and disclose this information by filing a “Petition and Order for Hearing on Contempt.” This form is available in the Clerk of Court office in the Government Center. If the judgment debtor fails to appear at this hearing, the court may issue a Body Attachment, also known as warrant for arrest.

Collection
A court judgment in your favor does not automatically result in payment of the money. If the debtor does not pay voluntarily, you must initiate collection of a judgment. Further court procedures are necessary. The primary methods available to small claims litigants for enforcing the payment of judgments are: (A) Garnishment and (B) Writs of Execution.

Garnishment is a method of collection that allows the judgment creditor to obtain monies owed by others to the judgment debtor, usually by attaching the judgment debtor’s earnings or bank accounts. (See §814 Wis. Stats.)

A judgment creditor may ask the court for a Writ of Execution directing the sheriff to seize specific, non-exempt personal or real property belonging to the judgment debtor for the purpose of satisfying a judgment. You may want to obtain professional legal advice to decide if a Writ of Execution is appropriate for your case. (See §815 Wis. Stats.)

Docketing the Judgment
Once a judgment has been obtained, the judgment creditor may docket it by paying the Clerk of Court office a fee of $5.00. When a judgment is docketed, it becomes a lien on any real estate owned by the judgment debtor in St. Croix County for 10 years. However, it is not required that a judgment be docketed to attempt collection from the judgment debtor.

Reopening Judgment
The small claims court may reopen a default judgment if the motion to reopen is filed within six months after the entry of judgment and a good reason exists. To reopen a judgment, a Notice of Motion and Motion to Reopen is prepared and submitted to the court commissioner.  The commissioner reviews the request. A date and time for the hearing may be assigned by the court. A copy of the notice of motion and motion must be served on the opposing party at least five days before the date, not counting Saturdays, Sundays and holidays. The judge will determine whether the judgment will be set aside and a hearing held on the merits of the case.