2011 - 2012 LEGISLATURE
April 20, 2011 - Introduced by Senators Moulton, Lassa, Schultz, Hansen and
Lazich, cosponsored by Representatives Ballweg, Bernier, Bewley, Brooks,
Danou, LeMahieu, Marklein, Mursau, A. Ott, Petersen, Ripp, Rivard,
Spanbauer, Van Roy, Vos, Wynn
and Ziegelbauer. Referred to Committee on
Judiciary, Utilities, Commerce, and Government Operations.
SB70,1,3 1An Act to amend 799.01 (1) (c), 799.01 (1) (d) (intro.), 799.01 (2), 814.62 (3) (a)
2and 814.62 (3) (d) 2. of the statutes; relating to: increasing the jurisdictional
3amount in and the filing fee for small claims actions.
Analysis by the Legislative Reference Bureau
This bill increases the jurisdictional limit in small claims actions from $5,000
to $10,000.
Currently, a plaintiff must pay a $22 filing fee to begin a small claims action.
Of that amount, the county retains $10.20 and the balance goes to the general fund.
This bill raises the filing fee to $44, increases the amount retained by the county to
$31.20, and increases the amount paid to the general fund to $12.80.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB70, s. 1 4Section 1. 799.01 (1) (c) of the statutes is amended to read:
SB70,1,65 799.01 (1) (c) Replevins. Actions for replevin under ss. 810.01 to 810.13 where
6the value of the property claimed does not exceed $5,000 $10,000.
SB70, s. 2
1Section 2. 799.01 (1) (d) (intro.) of the statutes is amended to read:
SB70,2,32 799.01 (1) (d) Other civil actions. (intro.) Other civil actions where the amount
3claimed is $5,000 $10,000 or less, if the actions or proceedings are:
SB70, s. 3 4Section 3. 799.01 (2) of the statutes is amended to read:
SB70,2,85 799.01 (2) Permissive use of small claims procedure. A taxing authority may
6use the procedure in this chapter in an action to recover a tax from a person liable
7for that tax where the amount claimed, including interest and penalties, is $5,000
8$10,000 or less. This chapter is not the exclusive procedure for those actions.
SB70, s. 4 9Section 4. 814.62 (3) (a) of the statutes is amended to read:
SB70,2,1210 814.62 (3) (a) In a small claims action under ch. 799, at the time of issuance of
11a summons or other process in a proceeding not commenced by a summons, the
12plaintiff shall pay to the clerk of court a fee of $22 $44.
SB70, s. 5 13Section 5. 814.62 (3) (d) 2. of the statutes is amended to read:
SB70,2,1814 814.62 (3) (d) 2. Of the fees received by the clerk under par. (a), the county
15treasurer shall pay $11.80 $12.80 to the secretary of administration for deposit in the
16general fund and shall retain the balance for the use of the county. The secretary of
17administration shall credit the $11.80 $12.80 to the appropriation under s. 20.680
18(2) (j).
SB70, s. 6 19Section 6. Initial applicability.
SB70,2,2120 (1) This act first applies to actions commenced or claims made on the effective
21date of this subsection.
SB70, s. 7 22Section 7. Effective date.
SB70,2,2323 (1) This act takes effect on January 1, 2012.
SB70,2,2424 (End)