Wisconsin Small Claims Court Limit: Dollar Caps for 2026 and 2027
Current Dollar Limits (Through December 31, 2026)
Wisconsin small claims court doesn't have a single cap. The limit depends on what type of claim you're filing under Wis. Stat. § 799.01:
- General money claims (breach of contract, unpaid invoices, debt recovery): $10,000
- Replevin (return of personal property): $10,000
- Tort and personal injury (property damage, negligence): $5,000
- Consumer credit transactions and leases: $25,000
- Eviction with back rent: no dollar cap on the rent portion
The tort limit trips up a lot of filers. If your neighbor's tree fell on your garage and caused $7,000 in damage, that's a tort claim capped at $5,000 in small claims court — even though the general money limit is $10,000. You'd need to either waive the excess $2,000 to stay in small claims or file a regular civil lawsuit for the full amount.
What Changes on January 1, 2027
2025 Wisconsin Act 105, signed into law on March 20, 2026, raises two of the four limits effective January 1, 2027:
| Claim Type | 2026 Limit | 2027 Limit |
|---|---|---|
| General money claims and replevin | $10,000 | $15,000 |
| Tort and personal injury | $5,000 | $5,000 (unchanged) |
| Consumer credit transactions | $25,000 | $50,000 |
| Eviction (back rent) | No cap | No cap |
If you're filing in late 2026 with a claim between $10,001 and $15,000, you have a strategic choice: file now in regular civil court (more complex, higher fees) or wait until January 2027 when your claim fits small claims jurisdiction.
What Counts Toward the Limit
Only the principal amount of your claim counts against the cap. These are excluded from the calculation:
- Statutory interest — pre-judgment interest at 5% per annum (Wis. Stat. § 138.04) or whatever your contract specifies
- Court costs — filing fees, service costs, and other expenses
- Attorney fees — statutory attorney fees ($100, $300, or $500 depending on recovery) if you're the prevailing party
So if someone owes you $9,800 on a contract and you're also seeking $400 in accumulated interest, your claim is within the $10,000 limit because only the $9,800 counts.
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When Your Claim Exceeds the Limit
If your actual damages exceed the small claims cap, you have two options:
Option 1: Waive the excess. You can voluntarily reduce your claim to fit within the limit. If you're owed $12,000, you can waive $2,000 and file for $10,000 in small claims. The tradeoff: faster, cheaper, simpler process — but you permanently give up the excess amount.
Option 2: File in regular civil court. Keep the full claim but deal with formal discovery, higher filing fees, and a longer timeline. For claims that are only slightly over the limit, most people find the small claims waiver is the better deal.
How the Limits Affect Counterclaims
Under Wis. Stat. § 799.02, an over-limit counterclaim arising from the same transaction or occurrence moves the entire case to civil procedure under Chapters 801 to 847; an unrelated over-limit counterclaim is dismissed. Apply the claim-type limits in the table above: in 2026, they are $10,000 for general money and non-consumer replevin, $25,000 for consumer credit and leases, and $5,000 for tort or personal injury. From January 1, 2027, the first two limits rise to $15,000 and $50,000; the tort limit remains $5,000.
For a complete breakdown of Wisconsin small claims filing procedures — including fee worksheets, deadline calendars, and the step-by-step process for cases at every dollar level — see our Wisconsin Small Claims Filing Guide.
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