STATE OF WISCONSIN
CIRCUIT COURT – [COUNTY] COUNTY
SMALL CLAIMS DIVISION
________
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME],
Defendant.
Case No.: _____
Classification Code: 31001 (Money Judgment)
Amount Claimed: $ [INSERT AMOUNT – MUST NOT EXCEED WI SMALL-CLAIMS LIMIT]
SMALL CLAIMS COMPLAINT (MONEY DAMAGES)
[// GUIDANCE: This template is drafted for money-damages claims under Wis. Stat. ch. 799. Monetary jurisdiction is currently $10,000 or less for most claims. Confirm the limit for tort-based claims before filing.]
1. PARTIES
1.1 Plaintiff. [PLAINTIFF NAME] is an individual/corporation/LLC with a principal residence/office at [ADDRESS], County of [COUNTY], State of Wisconsin.
1.2 Defendant. [DEFENDANT NAME] is an individual/corporation/LLC with a principal residence/office at [ADDRESS], County of [COUNTY], State of Wisconsin.
1.3 Additional Parties (if any). [ADD AS NEEDED OR DELETE.]
2. JURISDICTION AND VENUE
2.1 This action is brought in the Small Claims Division of the Wisconsin Circuit Court pursuant to Wis. Stat. § 799.01 because the amount claimed is $10,000 or less exclusive of interest, costs, and statutory fees.
2.2 Venue is proper in [COUNTY] County under Wis. Stat. § 799.11 because:
(a) the cause of action arose in this county; and/or
(b) the Defendant resides/transacts business in this county.
3. FACTUAL ALLEGATIONS
3.1 On or about [DATE], Plaintiff and Defendant entered into an agreement whereby Defendant agreed to [BRIEFLY DESCRIBE AGREEMENT OR TRANSACTION].
3.2 Plaintiff fully performed all obligations or was excused from performance.
3.3 Defendant breached the agreement and/or unjustly retained money/property by [DESCRIBE BREACH OR WRONGFUL ACT].
3.4 As a direct and proximate result, Plaintiff has been damaged in the principal amount of $ [CLAIM AMOUNT].
[// GUIDANCE: Attach copies of contracts, invoices, correspondence, or other evidentiary documents as Exhibits A, B, etc., and reference them here.]
4. CAUSE(S) OF ACTION
Count I – Breach of Contract (or Other Legal Theory)
4.1 Plaintiff realleges ¶¶ 1–3 as if fully set forth herein.
4.2 A valid and enforceable contract existed between Plaintiff and Defendant.
4.3 Defendant materially breached said contract as described above.
4.4 Plaintiff incurred damages of $ [CLAIM AMOUNT] as a foreseeable result of Defendant’s breach.
[// GUIDANCE: Add additional counts (e.g., Unjust Enrichment, Money Had & Received) if advisable.]
5. DAMAGES
5.1 Principal Amount ............................................ $ [AMOUNT]
5.2 Pre-judgment interest (if contractual/statutory) ......... $ [AMOUNT]
5.3 Costs, disbursements, and statutory fees .................. To be taxed by the Clerk
5.4 Post-judgment interest at the statutory rate under Wis. Stat. § 814.04(4) from the date of judgment until paid in full.
6. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:
A. For money damages in the amount of $ [PRINCIPAL + INTEREST];
B. For statutory costs and disbursements as allowed by law;
C. For post-judgment interest as provided by Wis. Stat. § 814.04(4); and
D. For such other and further relief as the Court deems just and equitable.
7. APPEAL NOTICE
Either party may appeal an adverse judgment in accordance with Wis. Stat. § 799.445 and ch. 808. Strict, short deadlines apply. Failure to file a timely notice of appeal waives appellate rights.
[// GUIDANCE: Advise clients in writing of appeal deadlines immediately upon receipt of the Court’s decision.]
8. VERIFICATION
I declare under penalty of perjury under the laws of the State of Wisconsin that the foregoing Complaint is true and correct to the best of my knowledge, information, and belief.
Date: __ Signature: _______
Name: [PLAINTIFF NAME], Plaintiff
[// GUIDANCE: A notary is NOT required if using this unsworn declaration format under Wis. Stat. § 902.15. If you prefer a notarized verification, replace this declaration with a jurat.]
SIGNATURE BLOCK
Respectfully submitted,
[LAW FIRM NAME]
By: ________
[ATTORNEY NAME], State Bar No. [#####]
Address: [STREET, CITY, STATE ZIP]
Telephone: [(###) ###-####]
E-mail: [EMAIL]
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I certify that on [DATE] I caused a true and correct copy of the foregoing Small Claims Complaint, together with the Small Claims Summons issued by the Clerk, to be served on Defendant at the address stated above by [METHOD OF SERVICE PERMITTED — e.g., personal service or substitute service] in compliance with Wis. Stat. § 799.12.
[NAME], Process Server/Attorney
[// GUIDANCE:
1. File the original Complaint and a completed Small Claims Summons (Form SC-500) with the Clerk of Circuit Court.
2. Pay the filing fee and obtain a hearing date.
3. Ensure timely and proper service under Wis. Stat. § 799.12; defective service deprives the Court of jurisdiction.
4. Retain proof of service (Affidavit of Service) for filing before the return date.
5. Bring all exhibits (originals + copies) and a proposed judgment form to the initial return/hearing.
]