Wisconsin Small Claims Replevin: Getting Personal Property Back Through Court

What Replevin Is and When to Use It

Replevin is the legal term for a court action to recover specific personal property — not money, but the item itself. If someone has your belongings and will not return them, replevin is how you get them back through the Wisconsin court system.

Common scenarios: an ex-partner refuses to return your furniture after a breakup. A repair shop holds your car after a billing dispute. A former roommate kept your electronics when you moved out. A storage facility will not release your property.

Under Wis. Stat. § 799.01(1)(c), replevin actions in small claims court are capped at $10,000 (the value of the property you are trying to recover). This cap rises to $15,000 on January 1, 2027, under 2025 Wisconsin Act 105. If the property is worth more than the cap, you would need to file in the general civil docket under Chapters 801–847 instead.

What You Have to Prove

A replevin claim requires showing three things:

1. You own the property (or have a superior right to possess it)
2. The defendant has the property and will not return it
3. You asked the defendant to return the property and they refused — a written demand can help document this, but ordinary replevin claims have no general statewide pre-filing demand requirement

Ownership can be established through purchase receipts, title documents, photographs of you with the item, serial number registrations, or testimony. A written demand can document your request and the defendant's refusal. If you send one, 14 to 30 days is a suggested response period, not a legal deadline to file.

Filing the Case

Complete Form SC-500 (Summons and Complaint). Check the replevin box and describe the specific property you want returned — make, model, serial number if available, and estimated value.

The instruction sheet for replevin cases is SC-6030V (Pre-Judgment: Basic Steps for Replevin). Read it for the procedural overview, but do not file it — it is a guidance document, not a court form.

Venue: file in the county where the defendant resides or where the property is located (Wis. Stat. § 799.11).

Fees: the standard $94.50 ($22 base + $51 court support + $21.50 JINFO), plus service costs. If you cannot afford the fees, Form CV-410A allows you to petition for a waiver.

Serve the defendant at least 8 business days before the return date.

Money Damages Alongside Replevin

You can ask for money damages in addition to the property's return. For example, if the repair shop held your car for three months without authorization, you can claim the value of a rental car during that period. If the property was damaged while in the defendant's possession, you can add the repair cost.

Include these amounts in the factual statement on Form SC-500. The commissioner can award both the return of the property and a money judgment for related damages — as long as the total stays within the statutory cap.

What Happens at the Hearing

At the hearing, present your evidence of ownership and the defendant's refusal to return the property. The commissioner decides whether to order the defendant to return the property, pay its value, or both.

If the defendant has already sold or destroyed the property, the court can order its fair market value as a money judgment instead. Bring evidence of the property's value — purchase receipts, comparable listings, or an appraisal.

If the defendant does not show up on the return date, you can request a default judgment for the return of the property (or its value) with your proof of service and an affidavit describing the property and its worth.

For the full small claims filing process in Wisconsin — forms, fees, service, and hearing preparation — the Wisconsin Small Claims Filing Guide covers every step.

See more Wisconsin guides →