CHAPTER 799
PROCEDURE IN SMALL CLAIMS ACTIONS
799.01 Applicability of chapter.
799.02 Counterclaims and cross complaints.
799.04 Relation of this chapter to other procedural rules.
799.06 Actions; how commenced, pleadings, appearances.
799.07 File of summons; forfeiture tickets; warrants.
799.09 Public information.
799.10 Case file, court record.
799.12 Service of summons.
799.14 Failure of actual notice of suit by mail.
799.16 Actions in rem or quasi in rem; limitation on judgment.
799.20 Answer; counterclaim and cross complaint.
799.205 Substitution of judge.
799.206 Return date proceedings before court commissioner.
799.207 Proceedings before court commissioner.
799.208 Pretrial conference.
799.213 Arbitration actions.
799.215 Trial by court, findings and judgment.
799.22 Judgment on failure to appear or answer.
799.225 Dismissal of pending actions.
799.255 Small claims fees.
799.26 Money damages; disclosure of assets requested.
799.29 Default judgments.
799.41 Complaint in eviction actions.
799.42 Service and filing in eviction actions.
799.43 Defendant's pleading in eviction actions.
799.44 Order for judgment; writ of restitution.
799.45 Execution of writ of restitution.
799.01
799.01
Applicability of chapter. 799.01(1)
(1)
Exclusive use of small claims procedure. Except as provided in
ss. 799.02 (1) and
799.21 (4) and except as provided under
sub. (2), the procedure in this chapter is the exclusive procedure to be used in circuit court in the following actions:
799.01(1)(a)
(a)
Eviction actions. Actions for eviction as defined in
s. 799.40 regardless of the amount of rent claimed therein.
799.01(1)(am)
(am)
Return of earnest money. Actions for the return of earnest money tendered pursuant to a contract for purchase of real property, including a condominium unit, as defined in
s. 703.02 (15), and time-share property, as defined in
s. 707.02 (32), that includes 1 to 4 dwelling units, as defined in
s. 101.61 (1), by sale, exchange or land contract unless the transfer is exempt from the real estate transfer fee under
s. 77.25 regardless of the amount claimed.
799.01(1)(b)
(b)
Forfeitures. Actions to recover forfeitures except as a different procedure is prescribed in
chs. 23,
66,
345 and
778, or elsewhere, and such different procedures shall apply equally to the state, a county or a municipality regardless of any limitation contained therein.
799.01(1)(c)
(c)
Replevins. Actions for replevin under
ss. 810.01 to
810.13 where the value of the property claimed does not exceed $5,000.
799.01(1)(cm)
(cm)
Arbitration. Actions for the confirmation, vacation, modification or correction of an arbitration award where arbitration was in settlement of a controversy arising out of a transaction for the purchase of real property, including a condominium unit, as defined in
s. 703.02 (15), and time-share property, as defined in
s. 707.02 (32), that includes 1 to 4 dwelling units, as defined in
s. 101.61 (1), by sale, exchange or land contract regardless of the amount of that award.
799.01(1)(d)
(d)
Other civil actions. Other civil actions where the amount claimed is $5,000 or less, if the actions or proceedings are:
799.01(1)(d)1.
1. For money judgments only except for cognovit judgments which shall be taken pursuant to
s. 806.25; or
799.01(2)
(2) Permissive use of small claims procedure. A taxing authority may use the procedure in this chapter in an action to recover a tax from a person liable for that tax where the amount claimed, including interest and penalties, is $5,000 or less. This chapter is not the exclusive procedure for those actions.
799.01 Annotation
This section does not authorize court to grant injunctional relief. County of Columbia v. Bylewski, 94 W (2d) 153, 288 NW (2d) 129 (1980).
799.02
799.02
Counterclaims and cross complaints. 799.02(1)
(1) If a counterclaim or cross complaint is filed, which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim and which is beyond the limitations of
s. 799.01, the person filing the same shall pay the fee prescribed in
s. 814.62 (3) (b), and the entire matter shall be tried under
chs. 801 to
847 procedure, except that the counterclaim or cross complaint shall be deemed denied and a responsive pleading thereto is not required unless ordered by the court and the requirements for appearance by the parties shall be governed by
s. 799.06 (2).
799.02(2)
(2) If a counterclaim or cross complaint is filed, which does not arise out of the same transaction or occurrence that is the subject matter of the plaintiff's claim and which is beyond the limitations of
s. 799.01, the court shall dismiss the same and proceed under this chapter.
