sc-6000_instructions.doc - Basic Guide to Wisconsin Small Claims Actions Page 1 of 17 Basic Guide to Wisconsin Small Claims Actions This guide is

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This guide is provided by the Wisconsin court system to give you general information about Wisconsin small claims actions. For additional information, please see the Pre- Judgment and Post-Judgment Basic Steps Documents. These basic steps documents and any forms mentioned in this basic guide may be obtained from the Clerk of Court or online at . GENERAL INFORMATION ABOUT 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 also are simpler and less formal. 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 three most common types of small claims cases are: Claim for money: civil actions where the amount claimed is $10,000 or less, if the actions or proceedings are: For money judgments only, or For garnishment of wages. Tort/personal injury action: where the amount claimed is $5,000 or less. Eviction actions: Actions for eviction regardless of the amount of rent claimed. Replevins: Non-consumer credit actions for replevin (return of personal property) if the property claimed is $10,000 or less; Consumer credit transactions (for return of personal property that was the subject of a lease or credit from a dealer) when the amount financed is $25,000 or less. Three less common types of small claims cases are: Return of earnest money for purchase of real property Action on an arbitration award for the purchase of real property Eviction action due to foreclosure See also §799.01(1), Wisconsin Statutes, the Legal Glossary (page 13 of this document), Pre-Judgment: Basic Steps for Handling a Small Claims Case for Eviction (SC-6010V), Pre-Judgment: Basic Steps for Handling a Small Claims Case for Recovery of Money (SC-6020V), and Pre-Judgment: Basic Steps for Handling a Small Claims Case for Replevin (SC-6030V) for further information. SC-6000V, 05/16 Basic Guide to Wisconsin Small Claims Actions Page 1 of 17 Basic Guide to Wisconsin Small Claims Actions
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Basic Guide to Wisconsin Small Claims Actions Page 2 of 17 What is a tort or personal injury action? A tort 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. For more information about torts/personal injury actions, please see Appendix A: “Personal Injury – Helpful Information” at the end of this document.
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