Courts · Small Claims
Small Claims Court Limit in Wisconsin
The most you can sue for in Wisconsin small claims — with the filing-fee range and whether a lawyer is allowed, cited to the statute.
The limit, the fee & who can appear in Wisconsin
The claim ceiling, how the filing fee is set, and whether lawyers are allowed at the hearing.
| Maximum claim | $10,000 |
| How the limit works | One statewide limit |
| Filing fee | ~$94.50 set by statute but collected by each county clerk of court, so a few counties add a small service charge (some show $96.50); the base fee is $94.50 |
| Lawyers at the hearing | Allowed Individuals may represent themselves. A corporation or LLC may appear through a full-time authorized employee for a small claim, so a lawyer is not strictly required for a business either. |
| Statute / court rule | Wis. Stat. §799.01(1) |
The $10,000 cap covers money judgments and most other civil actions. Tort claims (personal injury, property damage, and third-party complaints) have a LOWER cap of $5,000, not a higher one. Eviction actions have no dollar limit, and replevin (return of property) can run to $10,000 in value. So the honest ceiling depends on the type of case.
The $10,000 money-judgment and replevin caps rise to $15,000 on January 1, 2027 under 2025 Wisconsin Act 105. The $5,000 tort cap is not changed by that act. The figures below are the ones in effect through the end of 2026.
Where to file in Wisconsin
A reference page, not a filing walkthrough — here's the official resource for procedure.
This page is a reference for the dollar limit, fee, and whether a lawyer is allowed — not a step-by-step filing guide. For the forms, where to file, and how service works, use Wisconsin's official court self-help resource.
→ Wisconsin Courts small claims help centerWhat Wisconsin filers get wrong
Wisconsin has a small-claims quirk that trips up a lot of people, and it runs the opposite way from what you might expect. Under Wis. Stat. §799.01(1), the general limit for money judgments and most civil actions is $10,000, but tort claims (personal injury, property damage, and third-party complaints) are capped LOWER at $5,000, not exempted. We confirmed both figures on the official Wisconsin Courts small claims help page, which states the $10,000 money limit and the separate $5,000 tort limit. Eviction actions carry no dollar ceiling at all, and return-of-property cases run to $10,000 in value, so the real answer to "what is the limit?" depends on the kind of claim. Lawyers are allowed but not required, and even a business can appear through an authorized employee. The base filing fee is $94.50. One change to watch: on January 1, 2027 the $10,000 money and replevin caps jump to $15,000 under 2025 Act 105, while the $5,000 tort cap stays put.
Common questions
What is the small claims limit in Wisconsin?
For money judgments and most civil actions, $10,000 under Wis. Stat. §799.01. But tort claims (personal injury, property damage, and third-party complaints) are capped lower at $5,000, and eviction cases have no dollar limit at all. The right number depends on the type of case.
Do personal injury or property damage cases have a higher small claims limit in Wisconsin?
No, they have a lower one. Tort claims, including personal injury and property damage, are limited to $5,000 in Wisconsin small claims court, half the $10,000 ceiling that applies to ordinary money claims. A tort claim above $5,000 has to go to regular civil court.
How much does it cost to file a small claims case in Wisconsin?
The base filing fee is $94.50, paid to the clerk of circuit court when you file. A few counties add a small service surcharge (some show $96.50), so confirm with the county where you plan to file.
Is the Wisconsin small claims limit changing?
Yes. On January 1, 2027, the $10,000 cap for money judgments and the $10,000 replevin cap rise to $15,000 under 2025 Wisconsin Act 105. The $5,000 limit on tort and personal injury claims is not changed by that law.
Can a business file a small claims case in Wisconsin without a lawyer?
Yes. A corporation or LLC may appear in Wisconsin small claims through a full-time authorized employee, so a business is not required to hire an attorney. Individuals may represent themselves as well.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.