Going to court can be intimidating, especially if it's your first time. Small claims court, while designed to be more accessible than traditional courts, still involves legal procedures. If you're heading to small claims court in Wisconsin, knowing what to expect can help ease your nerves and ensure you're prepared.

What is Small Claims Court?

In Wisconsin, small claims court handles cases involving relatively small amounts of money, typically up to $10,000. It's designed for disputes like:

• Unpaid debts
• Property damage
• Breach of contract
• Landlord-tenant disputes (security deposit returns, etc.)

Before the Trial: Preparation is Key

• File Your Claim: If you're the plaintiff (the one filing the lawsuit), you'll need to file a Summons and Complaint with the clerk of courts in the county where the defendant resides or where the dispute occurred.
• Serve the Defendant: You must properly serve the defendant with the court papers, ensuring they have legal notice of the lawsuit.
• Gather Evidence: Collect all relevant documents, photos, contracts, receipts, and any other evidence that supports your case.
• Organize Your Evidence: Create a clear and organized presentation of your evidence. This will make it easier for the judge to understand your position.
• Witnesses: If you have witnesses, inform them of the trial date and ensure they're willing to testify. Prepare them for potential questions.
• Know Your Case: Understand the legal arguments that support your claim. Research relevant Wisconsin statutes and case law if necessary.
• Mediation: In some cases, the court may encourage or require mediation before trial. This is an opportunity to reach a settlement without a trial.

What to Expect During the Trial:

1. Check-in and Courtroom Etiquette:

   • Arrive early to check in with the clerk of courts.
   • Dress professionally.
   • Address the judge or commissioner as "Your Honor."
   • Maintain respectful behavior throughout the proceedings.
   • Turn off your cell phone.

2. Opening Statements:

   • Both the plaintiff and the defendant will likely have the opportunity to give a brief opening statement, outlining their case.

3. Presenting Evidence:

   • The plaintiff presents their evidence first, followed by the defendant.
   • You'll present your documents, photos, and other evidence.
   • Witnesses will be called to testify.
   • Be prepared to answer questions from the judge and the opposing party.

4. Cross-Examination:

   • The opposing party will have the opportunity to cross-examine your witnesses and you.
   • This is where they will attempt to show flaws in the testimony, or in the evidence presented.

5. Closing Arguments:

   • Both sides will likely have the opportunity to give a closing argument, summarizing their case and arguing why the judge should rule in their favor.

6. The Judge's Decision:

   • The judge may make a decision immediately or take the case under advisement and issue a ruling later.
   • The judge will issue a judgement.

After the Trial:

• Judgment: If you win, you'll receive a judgment against the defendant.
• Collecting the Judgment: Collecting the judgment is your responsibility. The court does not collect it for you. There are various methods for collection, such as garnishing wages or seizing assets.
• Appeals: If you disagree with the judge's decision, you may have the right to appeal.

Key Tips for Success:

• Be Prepared: Organization and preparation are vital.
• Be Clear and Concise: Present your case in a clear and easy-to-understand manner.
• Be Honest and Respectful: Maintain honesty and respect throughout the proceedings.
• Know the Law: Familiarize yourself with the relevant laws and procedures.
• Consider Legal Advice: If you're unsure about any aspect of the process, consult with an attorney. While small claims court is designed to be accessible, legal advice can be extremely helpful.

Small claims court in Wisconsin can be a valuable tool for resolving disputes. By understanding the process and preparing thoroughly, you can increase your chances of a successful outcome.

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.