In Wisconsin, the most common civil suits involve claims for money or property. These can be filed in Court as either a Small Claim or Larges Claim lawsuit.
What are the difference between Large Claims and Small Claims lawsuits and how do I know what to file?
Small Claims Lawsuit
Small claims court is limited to claims of $10,000 or
less.
Does someone owe you money? Has your landlord unjustifiably failed to return your security deposit? Did you order merchandise that the retailer has failed to deliver? Has a merchant failed to comply with the terms of a guarantee?
If so, you should consider the possibility of bringing a lawsuit in small claims court. You may not need an attorney, and the rules are simpler than in most court proceedings. Any individual and any corporation doing business in Wisconsin can sue or be sued in small claims court.
What kinds of cases go to Small Claims Court?
The most common types of small claims cases are:
• Claims for money: where the amount claimed is $10,000 or less, if the actions are:
• For money judgments only, or
• For garnishment of wages.
• Claims for tort/personal injury: where the amount claimed is $5,000 or less.
• Claims for eviction: regardless of the amount of rent claimed.
• Claims for replevin (return of property):
• Non-consumer credit actions where the value of the property claimed is $10,000 or less;
• Consumer credit transactions where the amount financed is $25,000 or less.
Less common types of small claims cases include:
• 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
For more information on small claims cases and how to file them please visit this website.
Large Claims Lawsuit
A large claim is a civil case where damages claimed
are more than $10,000 or a tort claim over
$5,000.
Large claims cases are generally more time-consuming, formal, complicated, and expensive than small claims cases.
A civil case may involve actions taken against another for the purpose of protection to include a harassment or domestic restraining order. This case type may include claims of personal injury, wrongful death, property damage, foreclosure of property, or money claims exceeding $10,000.00; as well as, actions to change ones legal name.
If you do not have experience with filing lawsuits, it is advisable to seek legal assistance in filing all large claims cases. Large claim lawsuits and the statutes that govern them can be confusing and often require someone with legal experience to fully understand the process. The Clerk of Courts staff, Court Commissioners, Judges and other court personnel are all to provide limited procedural information, but are not allowed to provide legal advice.
If you wish to represent yourself, you must become familiar with applicable laws, civil practice and procedure, court rules, trial practice, and appropriate language for court documents.
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If you have been sued or have questions about a claim you may have against someone, the attorneys at Jones Law Firm can help. Contact us today to set up a free consultation. Please contact us by text or phone at (414) 775-7445 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
