Racine County, WI
Home MenuThe Large Claim civil suits involve claims for money or property worth over $10,000. If the claim involves money or property worth $10,000 or less, it is considered to be a Small Claims matter. Other types of civil suits are declaratory judgments and appeals from government agency decisions. Civil matters can also include, but are not limited to Evictions, Foreclosures, Liens, Name Changes, and Restraining Orders.
Civil/Small Claims Matters
- Appeal/DeNovo Review
- Civil Lawsuits $5,000 or More
- Civil Lawsuits Less than $5,000*
- Class Codes
- Delinquent State Tax Warrants
- Evictions
- Filing Fees
- Foreclosure
- Mediation
- Liens
- Municipal Court Appeals
- Name Change
- Replevin (Return of Property)
- Restraining Orders
- Small Claims*
- Satisfaction of Judgements & Liens
Large Claim civil suits involve claims for money or property worth over $10,000, suits for declaratory judgments and appeals from government agency decisions. Unlike Small Claims Court, most Civil Lawsuits take longer and may be more expensive to pursue. The rules are more rigid and more formal.
Because Large Claim Civil Lawsuits are much more complicated than Small Claims civil lawsuits, we strongly recommend consulting an Attorney. Self-represented parties must follow all the rules that apply to lawyers. If they fail to follow the rules, they may be subject to the same penalties as if a lawyer represented them.
For example, if a party fails to file required paperwork with the court their case might be postponed to another date or dismissed entirely. They also could have an unfavorable ruling made against them that could affect issues such as visitation or the distribution of assets.
Representing yourself in a case may require a substantial amount of your time outside the courtroom. This includes gathering evidence in the proper form, completing forms that include instructions similar to tax forms, and completing research of statutes, rules of procedure and case law that apply to your case. Be aware that while court personnel are available to answer procedural questions concerning your case, they are prohibited from giving legal advice.
The Civil Division does not provide any forms or instructions for most large claim matters, with these exceptions: Restraining Orders, Name Changes, Garnishment.
Small Claims Court is a special kind of Civil Court in which disputes are resolved more quickly and inexpensively. The rules are simpler and less formal. To understand more about small claims matters we recommend you read the Basic Guide to Wisconsin Small Claims Actions. The Guide covers a large number of Frequently Asked Questions.
The three most common types of small claims cases are:
- Claim for money: civil actions where the amount claimed is $10,000 or less, if the actions or proceedings are:
- For money judgments only, or
- For garnishment of wages.
- Tort/personal injury action: where the amount claimed is $5,000 or less.
- Eviction actions: Actions for eviction regardless of the amount of rent claimed.
- Replevins:
- Non-consumer credit actions for replevin (return of personal property) if the property claimed is $10,000 or less;
- Consumer credit transactions (for return of personal property that was the subject of a lease or credit from a dealer) when the amount financed is $25,000 or less.
Basic Guide to Wisconsin Small Claims Actions:
The Wisconsin Court System has developed an interactive website to help complete small claims forms. The self-help small claims Web site, is designed to guide you through the process of filing a small claims legal claim. By answering a number of questions, this website will help choose and complete the forms you need to file a small claims case.
Forms Assistant Website here.
Instructions are available for the following
Basic Steps for Handling Small Claims for Eviction:
Basic Steps for Handling a Small Claims Case for Recovery of Money ($5,000 or Less):
Basic Steps for Handling a Small Claims Case for Replevin (Recovery of Property):
Basic Steps for Handling a Small Claims Case for an Answer to a Small Claims Complaint:
Basic Steps to Small Claims Service:
Basic Steps for Docketing a Judgment for Collection:
Basic Steps for Handling a Small Claims Earnings Garnishment (Recovery of Judgments Totaling $5,000 or Less):
Basic Steps for Handling an Execution Against Property:
Basic Steps in Collections on a Judgment for Money:
Basic Steps in Collecting on a Judgment for Replevin (Recovery of Property):
All Civil Court filing must have contain one (1) civil court class code. Class codes are available on the Wisconsin Court’s Website:
Class Codes:
Delinquent tax warrants are filed with the Circuit Court by the State of Wisconsin on behalf of the Department of Revenue (DOR) and the Department of Workforce Development (DWD). They are filed in the county in which the individual resides, where the property is located, or where the business operates or operated. Tax warrants are different than Arrest or Bench Warrants issued by a Judge or Court Commissioner.
The different types of warrants filed include:
- Sales Tax Warrants
- Withholding Tax Warrants
- Income Tax Warrants
- Corporate Tax Warrants
- Unemployment Tax Warrants
- Workman's Compensation Warrants
- Benefit Warrants
Most tax warrants filed since 1997 can be found electronically at http://wcca.wicourts.gov. If you are unable to locate a warrant electronically that was issued as early as 1987, you may go to the Administrative offices of the Racine County Clerk of Circuit Court on the 8th Floor of the Racine County Courthouse to review a hard copy of the warrant. Please note most retention rates, not all, for the Delinquent state tax warrants are 20 years.
For more detailed information about Tax Warrants see §108.22(2) & (3), §71.91(5), §71.67(3), §72.30(7), §72.86(4), §77.26, §77.62, §77.76, §78.70, §102.82 and §139 of the Wisconsin Statutes.
An eviction is a case to remove tenants from rental property and claim the money owed in rent and damages, regardless of the amount claimed. Tenants who pay partial rent, no rent, or late rent (even one day late) put themselves at risk of eviction, as do tenants who break the rules or terms of the rental agreement or cause damage.
If a tenant refuses to leave the premises after their tenancy has been terminated, a landlord may start an eviction action. The tenant(s) will be served a summons and complaint. This is their notice to appear in court, it does not mean they are evicted. In court, the judge asks tenant(s) and the landlord to explain their sides and then will make a decision about the eviction.
If you receive a summons for eviction, seek the help of a legal aid service (look up LEGAL AID in the yellow pages of your phone book) or consult with a private attorney (call the State Bar of Wisconsin Lawyer Referral Service 800-362-9082 or 608-257-4666.)
Removal From Premises
The landlord may not confiscate personal belongings, turn off utilities, lock tenant(s) out of their apartments, or use force to remove them.
If the Judge rules in the landlord's favor, the Judge may issue a Writ of Eviction (a court order) requiring tenant(s) to leave the property. If they don't, the Sheriff’s Department may remove them and their belongings from the premises. The Sheriff’s Department will post a 48 hour Notice to Vacate before moving a tenant from the property. If the court determines that the tenant has wrongfully overstayed, the landlord may be awarded twice the amount of rent, prorated on a daily basis, for each day they unlawfully occupied the premises.
The Wisconsin Department of Agriculture, Trade, and Consumer Protection publishes A Landlord/Tenant Guide for more information and resources.
The Landlord Tenant Guide:
Small Claims Evictions are heard most Monday Mornings by the sitting Civil Judges. Please note when filing for a Small Claims Eviction, the following is required:
- Completed Form SC-500 (or SC-500i) Small Claims Summons & Complaint; and
- Completed Form GF-175 Affidavit of Non-Military Service (for each tenant); and
- Copy of the 5-Day, 14-Day or 30-Day Notice
- Completed Form SC-512 Writ of Eviction
Basic Steps for Handling Small Claims for Eviction:
The Wisconsin Court System has developed an interactive website to help complete small claims forms. The self-help small claims Web site, is designed to guide you through the process of filing a small claims legal claim. By answering a number of questions, this website will help choose and complete the forms you need to file a small claims case.
Forms Assistant Website here.
Foreclosure is a legal process where a creditor takes steps to reclaim its collateral. In a residential mortgage foreclosure, the bank or lender proceeds through the legal process to reclaim the home of the borrower. In most instances, the process has begun because the borrower has failed to make one or more mortgage payments.
Foreclosure Sales
Sheriff’s Sales are conducted on Tuesdays, excluding holidays, at 1:30pm in the Lobby of the Law Enforcement Center at 717 Wisconsin Ave, Racine, WI.
Foreclosure Notices are posted in a variety of locations in all Racine County municipalities, including the lobby of the Racine County Courthouse.
Foreclosure Sales Notice Locations:
Wisconsin Foreclosure Mediation Program
More information is available at the Wisconsin Foreclosure Mediation Network
Foreclosure Posting Locations
Mediation is a form of alternative dispute resolution (ADR), is a way of resolving disputes between two or more parties. The mediator assists the parties to their own settlement. In some cases, mediators may express a view on what might be a fair or reasonable settlement, generally where all the parties agree that the mediator may do so.
In Small Claims civil actions, Racine County’s Judges may require mediation to be attempted prior to all court trials.
Mediation Services are available
Wisconsin Association of Mediators:
- Construction Lien
- Condominium Lien
- Hospital Lien
- Wage Earner Lien
- Agricultural Deficiency Judgment/Lien
- Log Lien
- Mining Lien
- Maintenance Lien
Some of the more common lien forms are:
- Claim for Lien (there are several different claim forms depending on the type of lien being filed)
- Notice of Intention
- Statement of Condominium Lien
- Prime Contractor’s Claim for Lien
- Subcontractor’s Claim for Lien
- Notice of Wage Lien
Lien forms can be purchased at an office supply store or you may draft your own. Local Labor Union may have some forms. Some forms are also available for download from the State Bar of Wisconsin http://www.wisbar.org/forms/.
The lien must be filed in the county where the work was done or services performed. The lien and any accompanying documents must be filed within a specified timeframe per Wisconsin Statutes. That time frame varies depending on the type of lien being filed. It is best to check the statutes for more detailed information regarding the type of lien being filed. Liens will need to be served on the other party, and proof of service on the debtor must be filed with the Clerk of Court at the time the lien is filed.
Examples of proof of service include:
- Affidavit of mailing
- Certified mail receipt
Note: If you need additional information regarding liens, or more details on a specific type of lien, you may refer to §779 and §703 of the Wisconsin Statutes or contact an attorney.
You will need to file an appeal with the municipal court. Within 20 days after the judgment you must file the appeal and pay required appeal fees and costs. See Wisconsin Statute 800.14. You can request that the circuit court take your appeal in one of three ways.
- You can request that the circuit court review the transcript of the municipal court trial and make a decision based on that review.
- You can request a trial before the circuit court judge.
- You can request a trial by jury in circuit court.
Contact the municipal court clerk to determine if a bond must be filed before filing an appeal. The municipal court clerk may be able to provide a notice of appeal form.
Municipal court forms may be available on a municipal court's website.
Parties wishing to file an appeal from a Municipal Court decision must contact the municipality that issued the citation for the correct Notice of Appeal.
Any eligible resident of Wisconsin, whether a minor or an adult, may petition the court in the county where he or she resides, to have his or her name changed.
If you hold a professional license (other than a license to teach in the public schools) and your name change is for a reason other than marriage or divorce, you may need the approval of your licensing board or commission to change your name to a name other than the name on your license. Contact the appropriate board to learn its requirements.
A person required to register as a sex offender under Chapter 301.45, Wis. Stats. (Class H felony) may not change his or her name. Sec. 301.47(2)(a), WI Stats. Please note that juvenile sex offenders may be subject to Chapter 301.45.
Name Changes can be filed on the 8th Floor of the Courthouse.
Basic Name Change Instructions:
More Information can be found on the Wisconsin Courts website here.
Replevins are small claims actions seeking the return of movable property (not real estate or money). The property claimed does not exceed $5,000 or, for return of property that was the subject of a lease or credit from a dealer, does not exceed $25,000.
Basic Steps for Handling a Small Claims Case for Replevin (Recovery of Property):
The Wisconsin Court System has developed an interactive website to help complete small claims forms. The self-help small claims Web site, is designed to guide you through the process of filing a small claims legal claim. By answering a number of questions, this website will help choose and complete the forms you need to file a small claims case.
Forms Assistant Website here.
Replevin action are heard by the currently sitting Civil Judges.
A restraining order is a temporary Civil Court order that orders someone not to hurt you, to stay away from you, move out of the house, have no contact with you, or stop harassing you. An injunction is a final Civil Court order of protection that can be granted for up to 2 years for child abuse injunctions, and up to 4 years for domestic abuse, harassment, and individuals at risk injunctions. Restraining orders are different from bail or bond conditions, probation rules, or a 72-hour no contact condition of an arrest order.
Restraining Order forms and instructions can be obtained from the Clerk of Circuit Courts’ Office on the 8th floor of the Courthouse.
Civil Court and Juvenile Court hear requests for restraining orders. The court in which a restraining order is filed depends on whether the victim or person requesting (petitioner) is a minor or an adult and also whether the alleged abuser (respondent) is a minor or an adult. There are four types of Restraining Orders:
Domestic Abuse
Domestic abuse is defined in the law as an intentional infliction of or threat to inflict physical pain, physical injury or illness; impairment of physical condition; or sexual contact or sexual intercourse without consent. There must be facts showing an imminent danger of physical harm before a temporary restraining order can be issued. There is no filing fee for this type of restraining order.
The abuse must have been committed by:
- A spouse, former spouse, parent, child, or a person related by blood or adoption to you.
- A person currently or formerly residing in a place of abode with you.
- A person with whom you have a child in common.
- A person who provides in home or community care for you.
- A person with whom you have or had a dating relationship.
Harassment
Harassment is defined in the law as striking, shoving, kicking or otherwise subjecting another person to physical contact; engaging in an act that would constitute child abuse under Sec. 48.02(1), sexual intercourse or sexual contact under Sec. 940.225 or stalking under Sec. 940.32; or attempts or threatens to do the same. Also, engaging in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose. There is a filing fee for filing this type of restraining order.
Individual At Risk (Vulnerable Adult)
Requested generally on behalf of “individuals at risk”, which includes any adult who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation. People who may seek the temporary restraining order (TRO) include the adult at risk, social service workers, law enforcement personnel, parents, adult siblings, adult children, legal guardians of adults at risk, or county protective service agencies. There is a filing fee for these actions.
Child Abuse
Child abuse is defined as any of the following physical injury inflicted on a child by other than accidental means; sexual intercourse or sexual contact; Sexual exploitation of the child; permitting, allowing or encouraging the child to violate the prostitution laws; forcing the child to view sexual activity; exposing genitals or pubic area to the child; Causing the child to expose genitals or pubic area; manufacturing methamphetamine with a child physically present or in a child’s home or in a motor vehicle on the premises of a child’s home or under any other circumstances that the manufacture would be seen, smelled or be heard by a child; or, emotional damage to the child. There is no filing fee for this action.
A Restraining Order may be filed by:
- the child victim or parent;
- the stepparent of a child victim;
- the legal guardian of a child victim; or,
- any governmental or social action agency if the child is currently involved in a juvenile court CHIPS proceeding.
Small claims court is a special court where disputes are resolved more quickly and inexpensively than in other court proceedings. The rules in small claims court also are simpler and less formal. The person who sues is called the plaintiff. The person who is sued is called the defendant.
To understand more about small claims matters we recommend you read the Basic Guide to Wisconsin Small Claims Actions. The Guide covers a large number of Frequently Asked Questions.
What kinds of cases go to Small Claims court?
The three most common types of small claims cases are:- Claim for money: civil actions where the amount claimed is $5,000 or less, if the actions or proceedings are:
- For money judgments only, or
- For garnishment of wages.
- Eviction actions: Actions for eviction regardless of the amount of rent claimed.
- Replevins:
- Non-consumer credit actions for replevin (return of personal property) if the property claimed does not exceed $5,000, or
- Consumer credit transactions (for return of personal property that was the subject of a lease or credit from a dealer) when the amount financed is $25,000 or less.
Three less common types of small claims cases are:
- Return of earnest money for purchase of real property
- Action on an arbitration award for the purchase of real property
- Eviction action due to foreclosure
Who can sue in Small Claims court?
Any mentally competent person who is:- 18 years or older; OR
- An emancipated child.
Do you have to have an attorney?
Whether to hire an attorney is your decision. Many people feel that they can handle their legal matters without an attorney in small claims court. When you represent yourself in court without an attorney it is called “self-representation” or “pro se.”
Even if you do not intend to hire an attorney to represent you at trial, you may wish to contact an attorney for advice about your legal rights. An attorney may be able to advise you whether you have a valid claim or defense, about the types of evidence you will need to prove it, and may even be able to assist you in settling your case. If you cannot afford an attorney, there are organizations that may be able to assist you.
Court staff may provide general information about court rules, procedures, practices, and terms. Judges, court commissioners, and court staff cannot give you legal advice.
Try to settle first!
To avoid the time and expense of going to court, try to settle the matter first. Contact the other party or their attorney, discuss the situation, and try to solve the problem by an agreement you can both accept. Even after your small claims suit is filed, you may still engage in settlement negotiations with the opposing party. Don’t be reluctant to compromise; even in large civil lawsuits, more than 90% are settled prior to trial.
Free mediation services are available thru the City of Racine Conflict Resolution Center.
After a Judgment or Lien is paid or settled, the Judgment creditor (person owed the money/property) is required to file a Satisfaction of Judgment. Generally, the creditor gives the debtor (person who owes the money/property) the completed Satisfaction of Judgment (form GF-129) to file with the Clerk of Circuit Court and pay the filing fee.
Satisfactions of Judgment can be filed electronically via the Wisconsin Courts System eFiling. A guide can be found here.
Public Records Notice
To View a File
To view an actual file, you must go to the Circuit Court Division where the case is filed and provide the case number of the file you want to view. PLEASE NOTE: Viewers may not take the file apart, open any sealed envelopes, or remove the file from the office.
Not all files may be readily available to view as the Circuit Court has microfilmed cases of a certain age. If the file is quite old, you can request the record by completing a Microfilm Request from Clerk of Circuit Court Office on the 8th Floor of the Courthouse. Please note microfilm requests are completed in the order we received them. Requests can take 7 to 10 business days to complete.
GENERAL: On-site case information and documents are available on all none confidential cases per state statute, through Public Access Terminals. Some older records may only be accessible via hard copy or on microfilm (available by request).
CONFIDENTIAL CASES: Cases, including such as adoptions, paternity actions, and juvenile records, are confidential and access to these files are limited by state statute.
Any requests for inspection/review and or/release of Juvenile Records must be reviewed and approved by the juvenile court judge. You must complete the Authorization and Order to Open Court Records for Inspection (JD-1739) and file it in the Juvenile Court if you are the child or juvenile on the case, the parent/guardian/legal custodian of the child or juvenile, or are an individual who has been given permission by one of the above. If you are not one of these people you must complete the Request to Inspect Juvenile Court Records and file it in the Juvenile Court.
For Copies
The Civil, Criminal/Traffic, Family, and Juvenile divisions must charge a statutory fee of $1.25 per page for copies of official court documents. Copies can be certified (stamped as official copies) for an additional $5.00 per charge for each document.
The Probate division must charge a statutory fee of $1.00 per page for copies of official court documents. Copies can be certified (stamped as official copies) for an additional $3.00 per charge for each document.
IN PERSON: Go to the Circuit Court Division where the case is filed. You will need to know the case number (which may be located on the Wisconsin Court Website at WCCA) or the first & last name, and the date of birth of one of the parties for certain cases. If you do not have this information and you are unable to find the individual or the record using the public access computers, you may request and pay the $5.00 search fee to receive assistance with the record search (this fee is $4.00 in Probate Court).
BY PHONE: Call the Circuit Court Division where the case is filed. You will need to know the case number, or last name, first name, date of birth of one of the parties for certain cases, and the specific document or information you need. The clerk will make arrangements with you for payment and pick up/delivery, by mail or in person. NOTE: Payment in full will be required before your request will be processed.
BY MAIL: Send a written request to the Circuit Court Division where the case is filed. You will need to know the case number or the last name and date of birth of one of the parties for certain cases, the specific document or information you need, a self-addressed stamped envelope, and a phone number where the clerk may reach you. If you do not have this information and you are unable to find the individual or the record using the public access computers, you may request and pay the $5.00 search fee to receive assistance with the record search (this fee is $4.00 in Probate Court). NOTE: Payment in full will be required before your request will be processed.
ONLINE: You may use the online request form (Online Records Request), to order documents. The Clerk's office will reach out to you when the request is reviewed for more information.
Copies of Juvenile Court Records: The Juvenile Court Judge will order which records, if any may be copied.
Obtaining Copies of a Transcript
Transcript or Transcript Copy Requests:
A transcript is a verbatim (word for word) typed record of what happened in court for a particular hearing or proceeding. If a transcript has not been made for your court matter and you would like one, you will need to contact the official court reporter for the Court Official who presided over the specific hearing and follow the court reporter's procedure for your request. Before contacting the reporter by phone, you will need certain information such as your CASE NUMBER and SPECIFIC DATE OF THE PROCEEDING. The Court Reporter will charge a statutory per page rate for the original transcript (which goes in the file) and a copy fee (you receive a certified copy of the transcript). Additional rates apply for expedited requests. You will pay the reporter directly.
If a Transcript has been created and you would like a certified copy you can obtain it in one of two ways:
- If you are at the courthouse you can request a copy at $1.25 a page from the Clerk of Circuit Court office and you will get it immediately.
- You can contact the reporter and request a copy at $.50 a page. The reporter will make arrangements with you for pick up or send it in the mail.