Small Claims

Before starting a small claims action it is suggested that you make a formal written demand for payment to the other party. Send a certified letter asking for settlement. Make it clear you intend to take legal action if settlement cannot be reached; informing them that all court costs will be added to the amount you are seeking. Allow a reasonable amount of time for the other party to contact you before commencing the action.

Small Claims actions are filed in the county where the defendant lives or where the action took place. Landlord/tenant disputes may be taken to court in the county where the property lies or where the defendant lives.

In order to file a small claims action, you must provide the Clerk of Courts with the original paperwork, one copy for you to keep for your records, and two copies for each party that you are suing.

The filing fee for a small claims action is $94.50 and is payable upon filing the case at the Clerk of Courts office. Filing fees cannot be refunded if for any reason you cannot proceed with your action. All legal questions should be directed to an attorney. The Clerk of Courts office cannot give legal advice. For the statutes governing small claims actions see Chapter799 of the Wisconsin Statutes.

If your claim is for money, it must not exceed $10,000.00 except for a $5,000.00 limit on personal injury, tort, and third party complaints. A corporation must be represented by an attorney or a full-time employee authorized to act on its behalf.

Failure to appear by the plaintiff, plaintiff’s attorney or full-time employee authorized to appear will result in a dismissal of the case. When preparing your Summons and Complaint, if you wish to attach any proof to your claim you must provide the appropriate number of copies.

Please refer to Wisconsin Circuit Courts form SC-6040 - Pre-Judgment: Basic Steps for Filing an Answer to a Small Claims Complaint for instructions on how to respond to a small claims complaint.

Circuit Court Form SC-6040

Dodge County Small Claims Court requires personal service of the Summons and Complaint on the defendant. For personal service, you may contact a private process server or the Sheriff's Department of the County where the defendant lives to serve your papers. Some municipal police departments may also provide this service.

Please contact the appropriate agency for service information and costs. In the event the person serving your paperwork is unable to locate the defendant within the statutory time limits, you will be provided with a certificate of non-service. This paperwork must be filed with the court in order to proceed to publication.

The filing fee and service fee will automatically be added to the judgment if you win your case. As the plaintiff in your case, it is your responsibility to ensure service has been accomplished. 

Dodge County Sheriff Service

Small Claims Court return dates are held at 8:30 a.m. on Friday's at the Dodge County Justice Facility, 210 W. Center Street, Juneau, WI 53039. 

Please check in with the Clerk of Courts Office 15 minutes prior to your scheduled hearing time. Please plan to have all paperwork filed by this time. 

If an answer is timely filed, neither plaintiff nor the defendant is required to appear except in eviction cases. Please check with the clerk any time to learn whether or not an answer has been filed (920-386-3568).

At the return date, if plaintiff appears and defendant does not appear, a default judgment may be granted by the court. If plaintiff and defendant appear, a pretrial will be held to see if any resolution can be made. If plaintiff does not appear and defendant does appear case will be dismissed.

Some parties will enter into a stipulated dismissal. This can happen when a written agreement is made between the parties. The judge will dismiss the action pending that the defendant follows through with this signed agreement