Q: What is the maximum amount I can sue for in Small Claims?
A: Small claims actions are limited to $10,000.00 or less.

Q: What if I sue for more than $10,000.00?
A: You would file a regular civil action (large claims) which is a more formal procedure best done with the services of an attorney.

Q: How much does it cost to file a Small Claims lawsuit?
A: The Small Claims filing fee is $94.50 plus service fees.

Q: How much are the service fees?
A:

  1. $2.00 per defendant by regular mail.
  2. $8.00 per defendant by certified mail.
  3. Private process server rates vary, possibly ranging anywhere from $15 to $65. Contact the appropriate agency for their rates.

Q: What types of service may I use for a claim under dollar limit (money)?
A:

  • Regular mail: If the defendant lives in Marathon County and your claim is for money, your summons and complaint may be mailed by the Clerk of Courts Office for $2.00 per defendant.
  • Certified mail: If the defendant lives in Marathon County and your claim is for money, your summons and complaint may be mailed by certified mail for $8.00 per defendant.
  • Personal Service: You may also have your summons and complaint served by a Private Process Server or the Sheriff's Department.

Q: What types of service may I use for an Eviction lawsuit (action by a landlord to remove tenant/renter)?
A:
Service by a Private Process Server or the Sheriff's Department must be used per § 801.10(4)(a).

Q: What types of service may I use for a replevin lawsuit (return of property)?
A:
Service by a Private Process Server or the Sheriff's Department must be used per § 801.10(4)(a).

Q: What if the defendant lives outside of Marathon County ?
A:
Service by a Private Process Server or the Sheriff's Department must be used per § 801.10(4)(a).

Q: How much are the Sheriff’s fees?
A:
Fees must be prepaid to the Sheriff's Department before service.  The charge is $75.00 for three attempts.  Please note that a sheriff can only serve papers in their county. For additional information on Marathon County Sheriff’s fees call 715/261-1412.

Once your papers are served you will receive an “affidavit of service” from the Sheriff. File the “affidavit of service” and a copy of the receipt with the Clerk of Courts Office within 30 days of filing your case or it will be dismissed.

Q: How much are fees for a private process server?
A:
Fees charged by private process servers vary. They may range from $15 to $75. Contact individual process servers for their rates.

Q: What if I cannot afford the filing and/or service fees?
A:
You may complete a Petition for Waiver of Filing and Service Fees/Affidavit of Indigency and Order (Form No. CV-410) and submit it with your small claims summons and complaint. The Judge will approve, deny, or order partial payment of fees based upon standard guidelines. Form No. CV-410 is available at this website.

Q: The other party lives in another County, where do I file my papers?
A:
See WI Stat 799.11 but generally file in the following county:

  • Where the claim took place; or,
  • Where the personal property involved in the action is located; or,
  • Where the defendant resides or does substantial business; or,
  • If none of the above apply, in a county selected by the plaintiff.

Q: What do I need to file a small claims action?
A:

  1. The original completed Small Claims Summons and Complaint (Form No. SC-500)
    1. The defendant’s address.
    2. A picture ID for the verification/notarization of your signature.
  2. Also provide additional copies of the summons and complaint:
    1. A copy for your records.
    2. A copy each defendant.
    3. An additional copy for each defendant if you are using the Sheriff or private process server. If you are using the Marathon County’s Sheriff’s Department for service you will need to complete an “aid in serving papers”.
  3. A completed Affidavit of Non-Military Service (Form No. GF-175) is required to be filed for each defendant (not needed for a business).

Q: Where can I get standard forms for small claims?
A:

  • The Wisconsin Circuit Court forms website.
  • The Clerk of Courts Office located at 500 Forest St , Wausau WI 54403

Q: Where can I get additional information about small claims?
A:

  1. Wisconsin Court System Self help Center
  2. Guide to Small Claims Court
  3. Internet users can search for circuit court cases & judgments at the WCCA website.
  4. Addition information on replevins are located at this website
  5. Internet users can obtain the standard circuit court forms from the Wisconsin Court System website.
  6. Landlord/Tenant Resource Center website.
  7. Landlord & Tenant Information Provided In The “WI Courts” (Wisconsin Statutes) website