SMALL CLAIMS    PROCEDURE

     TREMPEALEAU COUNTY CIRCUIT COURT – 04-24-2009

  Angeline Sylla, Clerk of Court
715-538-2311 ext 240

1.         TYPES OF ACTIONS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT
 Money Actions:            To recover money owed or damages claimed to a maximum  of   $5000.00.

            Eviction Actions:           To recover control of real property.

            Replevin Actions:          To recover control of personal property.

            An action is begun by issuing a Small Claims Summons and Complaint.  You must file Form #SC-500 01-2008(or SC-516 Summons for Consumer Replevin) which you can obtain from the Clerk of Court.  The plaintiff must fill them out in duplicate.  Although the Clerk of Court can assist with the paperwork, the Clerk cannot give legal advice.  If legal advice is asked for, the Clerk can only suggest that the person see an attorney.  If your questions cannot be answered, please call 1-800-362-9082 this is the Lawyer Referral & Information Service.  Small claims actions are to be filed in the County where the defendant lives or where the cause of action took place.  These actions may be commenced for money, replevin, evictions or arbitration awards.

            a) The plaintiff's name and address must be inserted on the form.

            b) The defendant's name, street and mailing address must be inserted in order to serve the papers on the defendant.

            c) Check the box for the type of action and for money actions, the amount claimed to be owed.

            d) Write down a full description of your claim.  Be as specific as possible.

            e) Sign the document and have it notarized.  The Clerk of court can notarize it for you.

            f)  All forms are available on the CCAP website:  http://wicourts.gov/

4.         FILING FEES AND SERVICE COSTS

            The cost for filing an action is $94.50 plus the appropriate service fee listed below.  This must be paid when the papers are filed.  The papers must then be served on the defendant in one of three ways:
-- Regular mail - A fee of $2.00 for each defendant is paid to the Clerk upon  filing.

            -- Certified mail - A fee of $8.00 for each defendant is paid to the Clerk upon  filing.

            -- Personal Service* - The papers are sent to the Sheriff in the county where the defendant lives.  The Sheriff then personally serves the papers on the defendant. You may check with the Sheriff's Department regarding their service fees.   When service is completed, the Sheriff will send you a certificate of service and a bill for the fees, the certificate must be filed with the Clerk of Court.  The filing fee and service costs can be collected as part of the judgment if the plaintiff wins the case. 

            *Services Restrictions

            If the defendant lives out of county, there must be personal service.

            Evictions and Replevin are limited to personal service.

            When the action is filed, the Clerk will insert an "Initial Return Date" on the Summons and Complaint.  All small claims Initial Returns are held on the lst and 3rd Wednesday of the month at 1:30 p.m. in Courtroom #2 on the 2nd Floor of the Courthouse in Whitehall.   

            RETURN COURT DATE:

            The clerk's office will notify you of the return date. You must make an appearance at this return date  in order for the Court to take action.  The purpose of the return date is to determine whether the claim is contested.  If the claim is not contested, the Court may grant judgment.  If the claim is contested, it shall be referred to mediation.  A mediator is present at the return date.  If an agreement cannot be reached through mediation, the case will be scheduled and noticed for trial.            

            The defendant may answer the complaint either by

            -- appearing personally in Court on the Initial Return Date, or

            -- filing a written answer before the Initial Return Date with the Clerk.  A copy of the Answer must be sent to the plaintiff.

            Both the plaintiff and defendant must appear on the Initial Return Date, even if the defendant has filed
            written answer and sent a copy to the plaintiff.  

IF PLAINTIFF APPEARS BUT DEFENDANT DOES NOT:  The Court will enter judgment against the defendant.  Effective March 15, 2005 An Affidavit of Non-military service will be required for all default judgments.   To be fully effective, the judgment should be "docketed," for which a fee of $5.00 must be paid to the Clerk of Court. 

IF DEFENDANT APPEARS BUT PLAINTIFF DOES NOT:   At the request of the defendant, the Court will dismiss the complaint.

            When a judgment is granted for money, the Clerk will send a "Notice of Entry of Judgment" to the parties.  The losing party (the "debtor") is also sent an Order of the Court requiring the losing party to send to the winning party (the creditor) a disclosure of their income and assets called an "Order for Financial Disclosure and Financial Disclosure of Assets."  The losing party must fill that form out and send it to the winning party (not to the Clerk of Court) within 15 days, unless the losing party pays the judgment in full before that time.

            If the Financial Disclosure of Assets form is not completed and sent to the winning party, the creditor can ask the court for a hearing to hold the losing party in Contempt of Court for failing to follow the court order.  The Clerk has forms for such a request, called a "Petition and Order for Hearing on Contempt" (SC-507).  If the Court finds the debtor in contempt, the debtor can be ordered jailed for up to six months and ordered to pay an additional $2,000.00 per day for each day of disobedience.  The only way the debtor can avoid the sanctions is to pay the judgment in full or complete the financial disclosure.