Wisconsin Small Claims Counterclaim — How to File One

When someone sues you in Wisconsin small claims court, you aren't limited to defending yourself. If you have your own claim against the same plaintiff arising from the same dispute, you can file a counterclaim — and it goes right on the same form as your answer.

Filing the Counterclaim

The counterclaim section is built into Form SC-5200V (Answer and Counterclaim), available free from wicourts.gov. After checking Box 2 to contest the original claim and writing your factual defense, complete the counterclaim section with a concise description of what the plaintiff owes you and why.

Your counterclaim doesn't need to be a legal brief. State the facts: what the plaintiff did (or failed to do), the damages it caused, and the dollar amount you're seeking.

Fees Depend on the Amount

The fee structure splits at the small claims monetary limit:

• Counterclaim at or below $10,000 (general money) or $5,000 (tort): No filing fee. The counterclaim stays in small claims court and is tried alongside the original claim. For actions commenced on or after January 1, 2027, the general-money threshold rises to $15,000 under 2025 Wisconsin Act 105.
• Counterclaim above $10,000 (general money; $15,000 for actions commenced on or after January 1, 2027) or $5,000 (tort): You must pay a $125.50 transfer fee under Wis. Stat. § 814.62(3)(b). The clerk transfers the entire case — both the original claim and your counterclaim — out of small claims and into the circuit court's general civil track, where more formal rules under Chapters 801 through 847 apply.

Same-Day Service Requirement

Here's where defendants routinely trip: when you file a counterclaim, you must serve the plaintiff with a Notice of Counterclaim (Form SC-5250V) by mail on the same day you file. Not the next day, not when you get around to it — the same day.

After mailing, file Form SC-5130V (Declaration of Mailing) with the clerk as proof of service. Missing this step doesn't just create a paperwork problem — it can result in your counterclaim being dismissed for improper service.

The complete filing sequence:

1. Complete the counterclaim section of Form SC-5200V
2. File SC-5200V with the clerk (eFiling or paper)
3. Mail Form SC-5250V (Notice of Counterclaim) to the plaintiff that same day
4. Mail a stamp-filed copy of SC-5200V to the plaintiff
5. File Form SC-5130V (Declaration of Mailing) with the clerk

Common Counterclaim Scenarios

Contractor disputes: A homeowner sued for $6,000 for unpaid renovations might counterclaim for $4,500 to fix defective workmanship. Both claims stay in small claims court.

Security deposit fights: A former tenant sued for apartment damages can counterclaim for an unreturned security deposit.

Vehicle sales: A buyer sued over a private car sale can counterclaim for undisclosed mechanical defects based on the difference between the purchase price and the car's actual value.

What Happens Next

Once both the claim and counterclaim are on file, the court treats them as a single case. They go to mediation or a hearing together. The judicial officer weighs the evidence on both sides and may award a net judgment — you might owe $3,000 on the plaintiff's claim but be owed $4,000 on your counterclaim, resulting in a net $1,000 judgment in your favor.

For a step-by-step walkthrough of the counterclaim filing sequence, service logs, and fee calculations, the Wisconsin Small Claims Response Guide covers the full process.

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