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Summons and Petition (Family) Chapter 767 801.15(4) Personal service no less than 5 working days prior to court date. Order to Appear (Family) Chapter 767 Personal service at least 24 hours prior to the time of hearing if the person is found in the county where the hearing is being held.
How much does it cost to sue in small claims court? Various fees and surcharges must be paid, and many are subject to change. Presently the filing fee is $94.50. In Milwaukee County the fee is $98.
Each party bears the burden of proving his or her claim(s) by the greater weight of the credible evidence. The plaintiff presents his or her evidence first; then the defendant is able to present his or her evidence. After swearing or affirming to testify truthfully, state the facts clearly and concisely.
Small claims court is limited to claims of $10,000 or less. However, third-party complaints, personal injury claims, and actions based in tort are limited to claims of $5,000 or less. Claims exceeding the maximum amount allowed must be filed in civil court.
If you do not follow the small claims rules for the county where you are being sued and you are the defendant, a judgment may be entered against you; if you are a plaintiff, your case may be dismissed. This usually happens when one of the parties fails to appear in court for a required hearing.
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