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

Wis. Stat. § 799.25 (2026)

Costs

✓ current as of July 2026
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799.25799.25 Costs. The clerk shall without notice to the parties tax and insert in the judgment as costs in favor of the party recovering judgment the following:
799.25(1)(1) Filing fee. The fee prescribed in s. 814.62 (3) (a), if paid.
799.25(3)(3) Mailing fee. The mailing fee prescribed in s. 814.62 (4), if paid.
799.25(5)(5) Garnishee fee. Any garnishee fee paid.
799.25(6)(6) Service fees and other charges. Lawful fees or charges paid to the sheriff, constable or other person for serving the summons or any other document, and charges paid to the sheriff in connection with the execution of any writ of restitution.
799.25(7)(7) Witness fees. Amounts necessarily paid out for witness fees, including travel, as prescribed in s. 814.67. The fees for witnesses and their travel shall not exceed 50 percent of the amount recovered unless an order is entered specifying the amount to be paid in excess of 50 percent and the reasons therefor.
799.25(9)(9) Jury fee. The fee prescribed in ss. 814.61 (4) and 814.62 (3) (e) for a jury if demanded under s. 799.21 (3).
799.25(10)(10) Attorney fees.
799.25(10)(a)(a) Attorney fees as provided in s. 814.04 (1) and (6), except if the amount of attorney fees is otherwise specified by statute.
799.25(10)(b)(b) In an action of replevin and attachment the value of the property recovered shall govern the amount of the attorney fees taxable. In an action of eviction the attorney fees taxable shall be $10 plus such sum as is taxable under par. (a) on account of the recovery of damages.
799.25(10)(c)(c) If judgment is for the defendant, the amount claimed in the complaint, the value of the property sought to be recovered or the amount recovered on the defendant’s counterclaim, in the court’s discretion, shall govern the amount of the attorney fees that the defendant shall recover, and the defendant is not entitled to recover for cost items the defendant has not advanced.
799.25(10)(d)(d) No attorney fees may be taxed in behalf of any party unless the party appears by an attorney other than himself or herself.
799.25(11)(11) Additional costs. Additional costs as may be allowed to a municipality under s. 814.63 (2).
799.25(12)(12) Security for costs. When security for costs shall be ordered pursuant to s. 814.28, the maximum amount allowed shall be $50.
799.25(13)(13) Additional costs and disbursements. The court may permit additional costs and disbursements to be taxed pursuant to ch. 814.
799.25 HistoryHistory: 1971 c. 32; Sup. Ct. Order, 67 Wis. 2d 585, 773 (1975); 1977 c. 187, 449; 1979 c. 32 ss. 66, 92 (16); 1979 c. 176; Stats. 1979 s. 799.25; 1981 c. 317 ss. 85sn to 85sz, 2202; 1981 c. 365, 391; 1987 a. 208; 1989 a. 359; 1993 a. 490.
799.25 AnnotationA court commissioner lacked jurisdiction over a counterclaim alleging a frivolous action, and the commissioner’s order finding the claim not frivolous was void. Hessenius v. Schmidt, 102 Wis. 2d 697, 307 N.W.2d 232 (1981).
Notes of Decisions
Cited in 12 cases (5 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 14× “95 for taxable costs under Wis. Stat. § 799.25 ; (4) $814.95 for double costs under Wis.”
Reusch v. Roob, 2000 WI App 76 (Wis. Ct. App. 2000). · cites it 2× “" Wis. Stat. § 799.25 (10). Here, attorney's fees were ordered under Wis.”
Baierl v. McTaggart, 2000 WI App 193 (Wis. Ct. App. 2000). · cites it 4× “§ 799.25(10) [2] and WIS. STAT. § 814.04(1).”
Est. of Miller v. Storey, 2016 WI App 68 (Wis. Ct. App. 2016). · cites it 2× “95, pursuant to Wis. Stat. § 799.25 , and the doubling of those costs for an additional $814.”
Hessenius v. Schmidt, 307 N.W.2d 232 (Wis. 1981). “Sec. 799.25, Stats., authorizes clerks of court to insert, in small claims judgments, certain costs in favor of the prevailing party.”
Garrick Griswold v. Janine Tracy (Wis. Ct. App. 2025). · cites it 5× “§§ 799.25 and 814.02. I reject Griswold’s arguments and affirm.”
Spaulding, Julie v. Tri-State Adjustments, Inc. (W.D. Wis. 2019). · cites it 2× “However, Wisconsin law provides in a small claims case that the clerk “shall without notice to the parties tax and insert in the judgment as costs in favor of the party recovering judgment” certain costs, including certain court filing fees.”
Spaulding, Julie v. Tri-State Adjustments, Inc. (W.D. Wis. 2019). · cites it 2× “However, Wisconsin law provides in a small claims case that the clerk “shall without notice to the parties tax and insert in the judgment as costs in favor of the party recovering judgment” certain costs, including certain court filing fees.”
Michael Burton v. Karl Evald Auleciems (Wis. Ct. App. 2025). · cites it 2× “§ 799.25, which, as relevant, provides that “[t]he clerk shall without notice to the parties tax and insert in the judgment as costs in favor of the party recovering judgment the following:” “Attorney fees as provided in [WIS.”
Catherine Leigh Fleischer v. Carey-Marie Fleming (Wis. Ct. App. 2023). “§§ 799.25(10) and 814.04(1). Instead, for reasons not known, the trial court awarded $150.”
Duane Crandall v. Ted Sauer (Wis. Ct. App. 2024). “§ 799.25, which allows a party to recover attorney fees in a small claims action “as provided in [WIS.”
Jason Johnson v. Prohealth Care (Wis. Ct. App. 2026). “§ 799.25. 8 No. 2024AP1904 ¶15 For those reasons, we are not persuaded that Johnson adequately alleged an FDCPA claim under 15 U.”
— Wis. Stat. § 799.25(10) — 2 cases
Baierl v. McTaggart, 2000 WI App 193 (Wis. Ct. App. 2000). “§ 799.25(10) [2] and WIS. STAT. § 814.04(1).”
Catherine Leigh Fleischer v. Carey-Marie Fleming (Wis. Ct. App. 2023). “§§ 799.25(10) and 814.04(1). Instead, for reasons not known, the trial court awarded $150.”
— Wis. Stat. § 799.25(10)(a) — 1 case
Est. of Stanley G. Miller v. Diane Storey, 2017 WI 99 (Wis. 2017). “95 for taxable costs under Wis. Stat. § 799.25 ; (4) $814.95 for double costs under Wis.”
— Wis. Stat. § 799.25(13) — 1 case
Garrick Griswold v. Janine Tracy (Wis. Ct. App. 2025). “§§ 799.25 and 814.02. I reject Griswold’s arguments and affirm.”
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