Wis. Stat. » CHAPTER 799 — PROCEDURE IN SMALL CLAIMS ACTIONS
Wisconsin Statutes

Wis. Stat. § 799.01 (2026)

Applicability of chapter

✓ current as of July 2026
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799.01799.01 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 $15,000.
Effective date noteNOTE: Par. (c) is shown as amended eff. 1-1-27 by 2025 Wis. Act 105. Prior to 1-1-27 it reads:
Effective date text(c) Replevins. Actions for replevin under ss. 810.01 to 810.13 where the value of the property claimed does not exceed $10,000.
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)(cr)(cr) Third-party complaints, personal injury claims, and tort claims. Third-party complaints, personal injury claims, and actions based in tort, where the amount claimed is $5,000 or less.
799.01(1)(d)(d) Other civil actions. Other civil actions where the amount claimed is $15,000 or less, if the actions or proceedings are:
Effective date noteNOTE: Par. (d) (intro.) is shown as amended eff. 1-1-27 by 2025 Wis. Act 105. Prior to 1-1-27 it reads:
Effective date text(d) Other civil actions. Other civil actions where the amount claimed is $10,000 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(1)(d)2.2. For attachment under ch. 811 and garnishment under subch. I of ch. 812, except that s. 811.09 does not apply to proceedings under this chapter; or
799.01(1)(d)3.3. To enforce a lien upon personalty.
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 $10,000 or less. This chapter is not the exclusive procedure for those actions.
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799.01 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975); 1975 c. 325, 365, 422; 1977 c. 449 s. 497; 1979 c. 32 ss. 66, 92 (16); 1979 c. 175 s. 53; Stats. 1979 s. 799.01; 1983 a. 228; 1987 a. 208, 378, 403; 1989 a. 31, 359; 1991 a. 163; 1993 a. 80, 181; 1995 a. 27; 2011 a. 32; 2025 a. 105.
799.01 AnnotationThis section does not authorize the court to grant injunctional relief. County of Columbia v. Bylewski, 94 Wis. 2d 153, 288 N.W.2d 129 (1980).
799.01 AnnotationThe $5,000 small claims limitation applies to pecuniary loss, but not to costs and fees associated with the loss. Reusch v. Roob, 2000 WI App 76, 234 Wis. 2d 270, 610 N.W.2d 168, 98-3102.
799.01 AnnotationA plaintiff may elect to sue in small claims court when actual damages exceed $5,000. The small claims award limitation is a limit on recovery, not a bar that denies the court jurisdiction over cases in which the plaintiff’s actual damages exceed $5,000. When a trial court finds that a small claims plaintiff’s actual damages exceed the statutory award limit of $5,000, the court should apply any reduction for comparative negligence to the damages found before applying the statutory limit. Bryhan v. Pink, 2006 WI App 111, 294 Wis. 2d 347, 718 N.W.2d 112, 05-1030.
799.01 AnnotationCivil theft under s. 895.446 is an “other civil action” under sub. (1) (d), not an “action based in tort” under sub. (1) (cr), and $10,000 in damages claimed and subsequently awarded was appropriate under sub. (1) (d). The use of the term “civil action” in s. 895.446 to describe the cause for civil theft provided under that section indicates that the cause may also be properly characterized as a “civil action” under this section. This statutory civil theft claim has been specifically distinguished from similar claims of conversion, which sound in tort. Miller v. Storey, 2017 WI 99, 378 Wis. 2d 358, 903 N.W.2d 759, 14-2420.
Notes of Decisions
Cited in 34 cases (16 in the last 5 years), 1981–2026 · leading case: Est. of Stanley G. Miller v. Diane Storey, 2017 WI 99 (Wis. 2017).
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Est. of Stanley G. Miller v. Diane Storey, 2017 WI 99 (Wis. 2017). · cites it 138× “446 is a "tort action" under Wis. Stat. § 799.01 (1)(cr), not an "other civil action" under § 799.”
Highland Manor Assocs. v. Bast, 2003 WI 152 (Wis. 2003). · cites it 8× “The judgment of eviction was entered in an eviction action, a small claims proceeding governed by Wis. Stat. § 799.01 (l)(a) and chapter 799 (2001-2002), 2 in favor of Highland Manor Associates, the landlord, and against Bast, the tenant.”
State Higher Educ. Aids Bd. v. Hervey, 335 N.W.2d 607 (Wis. 1983). · cites it 10× “The defendants argued that under sec. 799.01, Stats., the use of small claims procedure is mandatory where the amount claimed does not exceed $1,000, and since under sec.”
Est. of Miller v. Storey, 2016 WI App 68 (Wis. Ct. App. 2016). · cites it 9× “446 (3)(c) may not be awarded where the Estate failed to plead exemplary damages; even if pleaded, the jury, not the court, must award exemplary damages; the judgment erroneously exceeded the small claims limit under Wis. Stat. § 799.01 ; § 895.446(3)(b) does not allow an award…”
Bryhan v. Pink, 2006 WI App 111 (Wis. Ct. App. 2006). · cites it 10× “Wis. Stat. § 799.01 (1). Pink Farms contends the trial court erred in its calculation and should have started with the $5,000 statutory damages limit and reduced this figure by the Bryans' share of negligence.”
State v. Bausch, 2014 WI App 12 (Wis. Ct. App. 2013). · cites it 8× “" Wis. Stat. § 799.01 (l)(b). With respect to forfeitures governed by Wis.”
Reusch v. Roob, 2000 WI App 76 (Wis. Ct. App. 2000). · cites it 2× “Roob argues that the combination of these *291 two awards, which exceeds the $5,000 jurisdictional limit for small claims under Wis. Stat. § 799.01 , rendered the trial court without competency to handle this matter.”
Bank of Spring Valley v. Wolske, 424 N.W.2d 744 (Wis. Ct. App. 1988). · cites it 3× “Wolske first contends that under sec. 799.01(3), Stats., the small claims court was without jurisdiction to entertain a replevin action because the value of the personal property sought to be replevied exceeded $1,000.”
Hessenius v. Schmidt, 307 N.W.2d 232 (Wis. 1981). · cites it 2× “Sections 799.01 and 799.02 are procedural and not jurisdictional.”
Highland Manor Assocs. v. Bast, 2003 WI App 130 (Wis. Ct. App. 2003). · cites it 7× “Highland Manor and Bast agree that Wis. Stat. §§ 799.01 (l)(a) and 799.04(1) control our decision.”
Hometown Bank v. Acuity Ins., 2008 WI App 48 (Wis. Ct. App. 2008). “" The maximum amount specified in § 799.01(l)(d) is $5000. The garnishment summons and complaint recites that the total due on the creditor's claim is $11,716.”
Eric D. Olmanson v. Brenda Weits (Wis. Ct. App. 2021). · cites it 6× ““Actions for eviction as defined in [§] 799.40 regardless of the amount of rent claimed therein” are exclusively governed by Chapter 799 (procedure in small claims actions).”
Show all 34 citing cases →
— Wis. Stat. § 799.01(1) — 6 cases
Hessenius v. Schmidt, 307 N.W.2d 232 (Wis. 1981). “Sections 799.01 and 799.02 are procedural and not jurisdictional.”
Bryhan v. Pink, 2006 WI App 111 (Wis. Ct. App. 2006). “Wis. Stat. § 799.01 (1). Pink Farms contends the trial court erred in its calculation and should have started with the $5,000 statutory damages limit and reduced this figure by the Bryans' share of negligence.”
Highland Manor Assocs. v. Bast, 2003 WI App 130 (Wis. Ct. App. 2003). “Highland Manor and Bast agree that Wis. Stat. §§ 799.01 (l)(a) and 799.04(1) control our decision.”
Elliot Kouri v. Party Sealed by Judge Swanson-11 (Wis. Ct. App. 2024).
Eric D. Olmanson v. Brenda Weits (Wis. Ct. App. 2021). ““Actions for eviction as defined in [§] 799.40 regardless of the amount of rent claimed therein” are exclusively governed by Chapter 799 (procedure in small claims actions).”
— Wis. Stat. § 799.01(1)(a) — 8 cases
Ashley M. Hinrichs v. Greg Griswold (Wis. Ct. App. 2019).
Witt Props., LLC v. Laura Schaeffer (Wis. Ct. App. 2020).
Eric D. Olmanson v. Brenda Weits (Wis. Ct. App. 2021). ““Actions for eviction as defined in [§] 799.40 regardless of the amount of rent claimed therein” are exclusively governed by Chapter 799 (procedure in small claims actions).”
Windsor Townhomes, LLC v. Abdalla Ibrahim Zanouny Ibrahim (Wis. Ct. App. 2023).
Mount Pleasant Manor Senior Hous. Ltd. P'ship v. Mary Mack (Wis. Ct. App. 2024).
— Wis. Stat. § 799.01(1)(c) — 3 cases
Samantha Elliot v. Tyler Hansel (Wis. Ct. App. 2026).
Clearpointe Capital, Inc. v. Townsend, 685 N.W.2d 172 (Wis. Ct. App. 2004).
Thompson v. Ellenbecker, 928 N.W.2d 814 (Wis. Ct. App. 2019).
— Wis. Stat. § 799.01(1)(cr) — 3 cases
Est. of Stanley G. Miller v. Diane Storey, 2017 WI 99 (Wis. 2017). “446 is a "tort action" under Wis. Stat. § 799.01 (1)(cr), not an "other civil action" under § 799.”
Eric D. Olmanson v. Brenda Weits (Wis. Ct. App. 2021). ““Actions for eviction as defined in [§] 799.40 regardless of the amount of rent claimed therein” are exclusively governed by Chapter 799 (procedure in small claims actions).”
Sharpe v. City of W. Allis, 928 N.W.2d 813 (Wis. Ct. App. 2019).
— Wis. Stat. § 799.01(1)(d) — 7 cases
Est. of Stanley G. Miller v. Diane Storey, 2017 WI 99 (Wis. 2017). “446 is a "tort action" under Wis. Stat. § 799.01 (1)(cr), not an "other civil action" under § 799.”
David Meyer v. Tarik Esseraidi (Wis. Ct. App. 2024).
William C. Brown v. Muskego Norway Sch. Dist. Grp. Health Plan (Wis. Ct. App. 2019).
Ziegler Landscaping Inc. v. RPM Prop. Serv. (Wis. Ct. App. 2021).
David Anthony Kroeger v. Melissa Cummings (Wis. Ct. App. 2022).
— Wis. Stat. § 799.01(3) — 1 case
Bank of Spring Valley v. Wolske, 424 N.W.2d 744 (Wis. Ct. App. 1988). “Wolske first contends that under sec. 799.01(3), Stats., the small claims court was without jurisdiction to entertain a replevin action because the value of the personal property sought to be replevied exceeded $1,000.”
— Wis. Stat. § 799.01(d) — 1 case
Michael Burton v. Karl Evald Auleciems (Wis. Ct. App. 2025).
— Wis. Stat. § 799.01(l)(a) — 2 cases
Highland Manor Assocs. v. Bast, 2003 WI 152 (Wis. 2003). “The judgment of eviction was entered in an eviction action, a small claims proceeding governed by Wis. Stat. § 799.01 (l)(a) and chapter 799 (2001-2002), 2 in favor of Highland Manor Associates, the landlord, and against Bast, the tenant.”
Highland Manor Assocs. v. Bast, 2003 WI App 130 (Wis. Ct. App. 2003). “Highland Manor and Bast agree that Wis. Stat. §§ 799.01 (l)(a) and 799.04(1) control our decision.”
— Wis. Stat. § 799.01(l)(b) — 1 case
State v. Bausch, 2014 WI App 12 (Wis. Ct. App. 2013). “" Wis. Stat. § 799.01 (l)(b). With respect to forfeitures governed by Wis.”
— Wis. Stat. § 799.01(l)(cr) — 1 case
Est. of Stanley G. Miller v. Diane Storey, 2017 WI 99 (Wis. 2017). “446 is a "tort action" under Wis. Stat. § 799.01 (1)(cr), not an "other civil action" under § 799.”
— Wis. Stat. § 799.01(l)(d) — 3 cases
Est. of Stanley G. Miller v. Diane Storey, 2017 WI 99 (Wis. 2017). “446 is a "tort action" under Wis. Stat. § 799.01 (1)(cr), not an "other civil action" under § 799.”
Hometown Bank v. Acuity Ins., 2008 WI App 48 (Wis. Ct. App. 2008). “" The maximum amount specified in § 799.01(l)(d) is $5000. The garnishment summons and complaint recites that the total due on the creditor's claim is $11,716.”
Bryhan v. Pink, 2006 WI App 111 (Wis. Ct. App. 2006). “Wis. Stat. § 799.01 (1). Pink Farms contends the trial court erred in its calculation and should have started with the $5,000 statutory damages limit and reduced this figure by the Bryans' share of negligence.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.