Forest County
(Ninth Judicial District)
Small Claims Procedure
Revised: February 1997
1. Types of Actions that May Be Brought in Small
Claims Court
Money Actions:
To recover money owed or damages claimed to a maximum of
$5000.00.
Eviction Actions:
To recover control of real property.
Replevin Actions:
To recover control of personal property.
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2. Starting an Action
An action is begun by issuing a Small Claims Summons and Complaint.
This is a form you can obtain from the Clerk of Court. The plaintiff
must fill
them out in triplicate. Although the Clerk of court can assist with the
paperwork,
the Clerk cannot give legal advice. If legal advice is asked for,
the
Clerk can only suggest that the persou see an attorney.
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3. Filling Out the Small Claims Summons &
Complaint
The plaintiff's name and address must be inserted on the form.
The defendant's name, street and mailing address must be inserted
in order to serve the papers on the defendant.
Check the box for the type of action and for money actions, the
amount claimed to be owed.
Write down a full description of your claim. Be as specific as
possible.
Sign the document before a notary.
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4. Filing Fees & Service Costs
The cost for filing an action is $85.00. This must be paid when
the papers are filed. The papers must then be "served" on the
defendant in one of three ways.
Regular Mail - A fee of $2.00 for each defendant
is paid to
the
Clerk upon filing. (defendant must reside in Forest County only for
this
service)
Certified Mail - A fee of $7.00 for each defendant
is paid
to the Clerk upon filing. (the defendant must be "served" by
certified or personal service if resides out of Forest County)
Personal Service - The papers are sent to the
Sheriff in
the county where the defendants live. The Sheriff then personally
serves the papers on the defendants. The sheriff charges $12.00 per
defendant plus mileage of $.25 per mile; When service is completed,
the Sheriff will send you a certificate of service (must be filed
with the clerk) and a bill for the fees. The filing fee and service
costs can be collected as part of the judgement if the plaintiff
wins the case.
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5. Return Date & Appearances
When the action is filed the Clerk will insert an "Initial
Return Date" on the Summons and Complaint. All small claims Initial
Returns
are held in the Clerk of Court office on the 2nd floor of the Courthouse
in
Crandon.
The defendant may answer the complaint either by:
- filing a written answer before the initial return date with the
Clerk,
OR
- appearing in person at the Clerk of Court's office on the Initial
Return
Date.
The Plaintiff need not appear at the time set forth in the summons
(the initial appearance).
If defendant doesn't appear or file written answer: The Clerk
will enter judgment against the defendant. To be fully effective the
judgment
should be "docketed" and a fee of $5.00 must be paid to the
Clerk
of Court by the Plaintiff.
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6. Trials
If the case is set for trial, both parties will receive a Notice
of the Trial Date from the Clerk.
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7. Financial Disclosures by the Judgment Debtor
When a judgment is granted for money, the Clerk will send a
"Notice
of Entry of Judgment" to the parties. The losing party (the
"debtor")
is also sent an Order of the court requiring the losing party to send to
the
winning party (the creditor) a disclosure of their income and assets
called
an "Order for Financial Disclosure and Financial Disclosure of
Assets." The
losing party must fill that form out and send it to the winning party
(not
to the Clerk of Court) within 15 days, unless the losing party pays the
judgment
in full before that time.
If the Financial Disclosure of Assets form is not completed and
sent to the winning party, the creditor can ask the court for a hearing
to
hold the losing party in Contempt of Court for failing to follow the
court
order. The Clerk has forms for such a request, called a "Petition
and
Order for Hearing on Contempt" (SC-507).
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Filing Small Claims Garnishments
in Forest County
You need to complete the Earnings Garnishment Notice and send
it to the Clerk of Courts with a check for $83.00.
You will complete this form make copies (you will need to send
the clerk of court 4 total) and send it along with the Earnings
Garnishment
Notice. The clerk will put the court seal on each copy and return to
you.
You will then need to serve upon the Garnishee(s) the Earnings
Garnishment (with the court seal) and a check for $15.00. You may serve
them
by regular mail, certified mail, or have them personally served by a
party
not involved in the small claims action.
Upon the debtor/defendant you will need to Serve the following:
- Earnings Garnishment (2 pages)
Earnings Garnishment - Exemption Notice (2 pages)
Earnings Garnishment - Debtor's Answer
Garnishment Exemption Worksheet
Poverty Guidelines for Earnings
You may serve them by regular mail, certified mall, or have them
personally served by a party not involved in the small claims
action.
If you have any questions please call the Forest County Clerk of
Court at (715) 478-3323.
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