Wisconsin Small Claims Default Judgment: What Happens If the Defendant Doesn't Show Up

When You Can Get a Default Judgment

If the defendant was properly served and does not appear or file an answer on the return date, you can ask the court to enter a default judgment under Wis. Stat. § 799.22. The defendant loses by not showing up, and the court enters a judgment for the amount you proved you are owed.

This sounds simple, but three conditions must be met:

1. Proper service: you must have filed proof of service showing the defendant received the summons and complaint at least 8 business days before the return date (5 business days for evictions)
2. Defendant did not appear or answer: the defendant did not show up in person, file a written answer, or communicate with the court
3. You proved your damages: you need an itemized affidavit of damages supported by contracts, invoices, receipts, or other documentation

If all three are satisfied, the court commissioner or circuit court judge signs an Order for Money Judgment. The default judgment takes effect immediately.

What to Bring on the Return Date

Even if you expect the defendant to no-show, come prepared as if you were going to trial. Bring:

• Proof of service — the affidavit of service from the sheriff or process server, or the clerk's mail service confirmation
• An affidavit of damages — a sworn statement itemizing what you are owed, with the calculation showing how you arrived at the total
• Supporting documents — contracts, invoices, repair estimates, photographs, bank statements, or anything that backs up your claimed amount
• Three copies of everything — one for the court, one for the record, one for yourself

The commissioner will review your documentation and may ask questions about specific amounts. If the math checks out and service was proper, the judgment enters the same day.

The 12-Month Window to Reopen

A default judgment is not necessarily permanent. Under Wis. Stat. § 799.29, the defendant can ask to reopen the judgment within 12 months. Use Form SC-515A (Motion to Reopen Small Claims Judgment) to ask for reopening for good cause. If the summons and complaint were served by mail but never actually received, use Form SC-511A (Petition to Answer or to Reopen Small Claims Action with Mail Service); its instructions require filing within 15 days after actual notice and, if judgment was entered, within one year after judgment.

To succeed, the defendant must show:

• Good cause — for example, a medical emergency or a reasonable mistake about the return date
• No actual notice of mail service and a valid defense — if the summons and complaint were served by mail but never received, the defendant can use the separate SC-511A procedure, which asks the defendant to state a valid defense

If the court grants the motion, the default judgment is vacated and the case goes back on the calendar for a hearing on the merits. This does not mean you lose — it means the case gets a fresh hearing where both sides present evidence.

Collecting on a Default Judgment

The default judgment gives you a legal right to the money, but it does not put the money in your account. If the defendant does not pay voluntarily, you need to enforce the judgment using tools like wage garnishment, bank levies, or a lien on property. Those tools are covered in the Wisconsin Small Claims Judgment Collection Guide.

One practical consideration: if the defendant did not show up for court, they may also not respond to a judgment. Be prepared for enforcement to take time.

What If You Are the Defendant

If you missed the return date and received a default judgment, act quickly. You have up to 12 months to file a motion to reopen, but sooner is better — once the plaintiff starts enforcement, reopening becomes more complicated.

File Form SC-515A at the Clerk of Circuit Court in the county where the case was filed and explain the good cause for missing the return date. If the summons and complaint were served by mail but never received, file Form SC-511A instead; its instructions set a 15-day deadline after actual notice and, if judgment was entered, a one-year limit after judgment.

Filing a motion to reopen does not automatically stop enforcement. You need a separate judicial order staying execution if the plaintiff has already started garnishing wages or levying accounts.

For the complete small claims filing process — from the demand letter through the hearing and beyond — the Wisconsin Small Claims Filing Guide covers each step in order.

See more Wisconsin guides →