Wisconsin Small Claims Court Fees: Filing Costs, Service Fees, and Fee Waivers

The Standard Filing Total Through October 31: $94.50, Not $22

Through October 31, 2026, Wisconsin's official base filing fee for small claims is $22 under Wis. Stat. § 814.62(3)(a). That number shows up on government websites and confuses nearly everyone, because it's only one piece of what you'll actually pay at the clerk's counter.

The standard total to file a paper small claims case is $94.50 outside Milwaukee County, made up of three mandatory components:

Milwaukee County adds a $3.50 special prosecution clerks surcharge, for a current total of $98. You pay the filing amount at the Clerk of Circuit Court when you file your SC-500 (Summons and Complaint). Cash, check, or money order — payment methods vary by county.

On November 1, 2026, 2025 Wisconsin Act 179 raises the statewide components to $124 ($39 filing fee, $61 court support surcharge, and $24 JINFO surcharge). The Milwaukee County surcharge becomes $7.50, for a $131.50 total.

eFiling Adds $35 Per Case for Each Filing Party

If you file electronically through efiling.wicourts.gov, there's an additional $35 eFiling system fee per case for each party who files electronically. If only the plaintiff e-files the case, the added fee is $35. Self-represented litigants can choose paper filing to avoid this charge. Attorneys and high-volume filers (10+ cases per year in one county) must eFile and pay the fee.

Service Costs

Getting the Summons and Complaint to the defendant is a separate expense. Your options:

• Clerk mail service: $2 to $15 per defendant through October 31, 2026, depending on the county. Beginning November 1, the statutory fee is $7 per defendant, plus postage if certified mail is required. The clerk sends it by first-class mail. Available for general money claims in participating counties.
• County sheriff: roughly $60 to $75 per defendant. The sheriff physically hands the papers to the defendant.
• Private process server: similar range to the sheriff, sometimes faster. Useful when the sheriff's office has a long queue.

Beginning November 1, 2026, the statutory clerk mail service fee becomes $7 per defendant, plus postage if sent by certified mail.

For most straightforward money claims against a local defendant, clerk mail is the cheapest route. If the defendant is likely to dodge service or you're filing an eviction, personal service through the sheriff is more reliable.

Fee Waiver: Form CV-410A

If paying the filing fee plus service costs would be a hardship, you can ask the court to waive the fees. File Form CV-410A (Petition for Waiver of Fees and Costs — Declaration of Indigency) along with your SC-500. You'll need to document your income, expenses, and assets.

A Circuit Court Judge reviews the petition. If approved, they'll sign Form CV-410B, which waives or defers:

• The applicable filing fee ($94.50 outside Milwaukee County or $98 in Milwaukee through October 31, 2026; $124 or $131.50, respectively, from November 1)
• Clerk mail service charges
• Sheriff service costs
• The $35 eFiling fee (if you file electronically)

The fee waiver doesn't cover your own travel costs, copying, or time off work. And approval isn't automatic — the judge makes a case-by-case determination based on your financial situation.

Other Costs That May Come Up

Beyond filing and service, a few other fees can arise during a small claims case:

• Jury demand fee: if either side requests a jury trial (rare in small claims), there's a statutory filing fee
• Witness subpoena fee: $16 per day plus mileage through October 31, 2026; from November 1, 2026, $55 per day plus the federal mileage rate under Wis. Stat. § 814.67, paid to the witness at the time of subpoena service
• Demand for trial (de novo) fee: if you want a fresh trial before a judge after a commissioner's ruling, there may be a filing fee for Form SC-517

Can You Get Your Fees Back If You Win?

Yes, partially. Under Wis. Stat. § 814.04, the prevailing party can recover ("tax") certain costs against the losing side: filing fees, service expenses, and statutory attorney fees scaled to the recovery amount ($100, $300, or $500). You request this when the court enters judgment.

For a worksheet that calculates your total out-of-pocket costs before filing — and tracks which expenses you can recover if you prevail — see our Wisconsin Small Claims Filing Guide.

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