Dane County Small Claims Court: Filing, Assistance Hours, and Local Procedures

Filing a Small Claims Case in Dane County

Dane County small claims cases are filed with the Clerk of Circuit Court at the Dane County Courthouse in Madison. You can file on paper at the clerk's counter or electronically through efiling.wicourts.gov. The statewide filing total is $94.50 through October 31, 2026 ($22 base fee, $51 court support surcharge, $21.50 JINFO fee); from November 1, it becomes $124. An additional $35 per case applies for each party who files electronically.

Like every other Wisconsin county, Dane County small claims cases are governed by Chapter 799 of the Wisconsin Statutes. The same dollar limits apply: $10,000 for general money claims, $5,000 for torts, no cap on eviction back-rent claims.

Free Tuesday Small Claims Assistance

Dane County offers free Small Claims assistance every Tuesday from 9:00 AM to 11:30 AM in Room L1022 of the courthouse. Volunteers help with forms and procedures but do not give legal advice.

At the clinic, volunteers can help you:

• Fill out Form SC-500 (Summons and Complaint)
• Understand what forms you need for your type of case
• Walk through the service and return date process

The clinic does not provide legal advice, evaluate whether you'll win, or represent you in court. But for someone filing their first small claims case, getting a second pair of eyes on the SC-500 before submitting it to the clerk can catch errors that would otherwise delay the case or worse.

How Dane County Handles Return Dates

Dane County calls the first hearing a Joinder and instructs that neither party should appear. Except in eviction and replevin actions involving Dane County residents, a defendant may contest the case by filing a written answer by the return date and sending a copy to the plaintiff or the plaintiff's lawyer. Under Dane County Rule 309, a timely written answer means neither party is required to appear on the return date; the court will send notice of the next hearing. If no answer is filed, follow the court's instructions for a default judgment under Wis. Stat. § 799.22.

Mediation in Dane County

Dane County actively encourages mediation for small claims disputes. The court may refer your case to a local mediation program after the return date, particularly for neighbor disputes, landlord-tenant conflicts, and contract disagreements where the parties have an ongoing relationship.

Mediation is voluntary in most small claims cases. For a non-eviction small-claims settlement, the parties can use Form SC-5310VA (Stipulation for Dismissal) and SC-5310VB (Order for Dismissal). If a defendant does not make an agreed payment, the plaintiff can use SC-5420VA/VB to request a money judgment based on noncompliance. Eviction settlements use separate forms.

Service and Timing Rules

Dane County generally requires the plaintiff to arrange service by personal service, substituted service, or publication and file proof with the court. The Summons and Complaint must be served at least 8 business days before the return date and no later than 90 calendar days after filing. Under Dane County Rule 308, except in eviction and replevin actions, the clerk may initially serve by regular mail only when the plaintiff has a fee waiver, the defendant's address is in Dane County, and the summons and supporting papers are no more than five pages. If that mail is returned or the defendant lives outside Dane County, the plaintiff must arrange personal service, substituted service, or publication. Follow the clerk's current instructions for service and proof.

Free Legal Resources in Dane County

Beyond the Tuesday assistance program, Dane County residents have access to:

• Legal Action of Wisconsin — free civil legal services for low-income individuals in 39 southern Wisconsin counties (1-888-278-0633)
• State Bar of Wisconsin Lawyer Referral Service — connects you with attorneys for consultations (1-800-362-9082)
• Wisconsin State Law Library — online statutory databases and form banks

For a complete walkthrough of the entire filing process — demand letters, SC-500 preparation, service tracking, fee calculations, and hearing preparation — see our Wisconsin Small Claims Filing Guide.

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