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

Wis. Stat. § 799.02 (2026)

Counterclaims and cross complaints

✓ current as of July 2026
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799.02799.02 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.
799.02(3)(3) If a counterclaim or cross complaint is filed that is beyond the limitations of s. 799.01, the person filing the counterclaim or cross complaint shall mail a notice to the plaintiff or the plaintiff’s attorney, if any, at the address listed on the summons. The notice shall be mailed on the same day the counterclaim or cross complaint is filed and shall inform the plaintiff of all of the following:
799.02(3)(a)(a) That a counterclaim or cross complaint has been filed in the action.
799.02(3)(b)(b) That as a result of that filing the entire matter may be tried under chs. 801 to 847 procedure.
799.02(3)(c)(c) That the summons, specifying the time and date the parties are required to appear at court, may no longer apply.
799.02(3)(d)(d) The telephone number of the appropriate clerk of circuit court that the plaintiff may call to find out if he or she should still appear in court at the time and date listed on the summons.
799.02(3)(e)(e) That a copy of the counterclaim or cross complaint will be served on the plaintiff or the plaintiff’s attorney within 60 days after filing.
799.02 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975); 1979 c. 32 ss. 66, 92 (16); 1979 c. 89, 177; Stats. 1979 s. 799.02; 1981 c. 317; 1987 a. 208.
Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2006–2024 · leading case: Westview Investments, Ltd. v. US BANK NAT. ASSOC., 138 P.3d 638 (Wash. Ct. App. 2006).
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Westview Investments, Ltd. v. US BANK NAT. ASSOC., 138 P.3d 638 (Wash. Ct. App. 2006). “Bank summary judgment on Westview's consumer protection claim is affirmed. WE CONCUR: DWYER and BECKER, JJ.”
Westview Investments, Ltd. v. U.S. Bank Nat'l Ass'n, 133 Wash. App. 835 (Wash. Ct. App. 2006). “Bank summary judgment on Westview’s consumer protection claim is affirmed. Becker and Dwyer, JJ.”
CTW Flooring, Inc. v. Brandon Dittberner (Wis. Ct. App. 2024). · cites it 2× “§ 799.02. ¶16 In other words, CTW has not explained why the summary judgment decision would have been different had Judge Cross resolved the dispute between 7 No.”
Ashley M. Hinrichs v. Greg Griswold (Wis. Ct. App. 2019). “§ 799.02(1). ¶7 Griswold contends that his counterclaims for $375,000 converted this action into a “large claims” action, but he overlooks the fact that his counterclaims were severed from this proceeding, leaving only the eviction in this proceeding.”
Marwood Corp. v. Janesville Spatz Ltd. P'ship (Registered Name) (Wis. Ct. App. 2020). “§ 799.02, after Spatz counterclaimed against Marwood, the action was removed from small claims court and was not litigated using the small claims procedures but was, instead, litigated under the procedures set forth in WIS.”
Kevin A. McLain v. Patrick J. Keenan (Wis. Ct. App. 2021). “§ 799.02(1) (2019-20). All references to the Wisconsin Statutes are to the 2019-20 version unless otherwise noted.”
Chriss Johnson v. Jora Credit of Wisconsin, LLC (Wis. Ct. App. 2023). “§ 799.02(1) (if a party files a counterclaim in a small claims action that exceeds the jurisdiction of the small claims court, the entire matter shall be tried as a civil action under WIS.”
— Wis. Stat. § 799.02(1) — 3 cases
Ashley M. Hinrichs v. Greg Griswold (Wis. Ct. App. 2019). “§ 799.02(1). ¶7 Griswold contends that his counterclaims for $375,000 converted this action into a “large claims” action, but he overlooks the fact that his counterclaims were severed from this proceeding, leaving only the eviction in this proceeding.”
Kevin A. McLain v. Patrick J. Keenan (Wis. Ct. App. 2021). “§ 799.02(1) (2019-20). All references to the Wisconsin Statutes are to the 2019-20 version unless otherwise noted.”
Chriss Johnson v. Jora Credit of Wisconsin, LLC (Wis. Ct. App. 2023). “§ 799.02(1) (if a party files a counterclaim in a small claims action that exceeds the jurisdiction of the small claims court, the entire matter shall be tried as a civil action under WIS.”
— Wis. Stat. § 799.02(2)(b) — 1 case
CTW Flooring, Inc. v. Brandon Dittberner (Wis. Ct. App. 2024). “§ 799.02. ¶16 In other words, CTW has not explained why the summary judgment decision would have been different had Judge Cross resolved the dispute between 7 No.”
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