Can You Appeal a Small Claims Judgment in Wisconsin?

Yes, once you’ve got a judgment from the circuit court.

In Wisconsin, small claims cases are generally decided by a court commissioner.  After the court commissioner decides the case, either party may request that the case be decided again in front of a circuit court judge.  The first step is to file a Small Claims Demand for Trial (Form SC-517) in the Clerk of Court’s office for the county where your small claims was decided. If the commissioner reached his decision in court, then you must file the form within ten days. If the court commissioner issued a written decision after the court hearing, then you must file the form within fifteen days of when the decision was mailed. You must also mail a completed copy of the form to the opposing party and provide the court with proof of mailing, such as a return receipt for certified or registered mail.

After a circuit court judge decides your small claims case, then you may appeal the decision to the Wisconsin Court of Appeals. Filing an appeal with the Wisconsin Court of the Appeals is a much more complicated process than filing the Small Claims Demand for Trial, and you are highly advised to retain an attorney. The Wisconsin Court System has published a guide to assist citizens filing their own appeals entitled “Guide to Appellate procedure for the Self-Represented.”  As explained in the guide, there are strict time requirements for filing an appeal, so it is important to start the process as soon as you can.

If you are interested in having an appellate attorney assist with your Wisconsin small claims appeal, please contact the Alderman law Firm today for your free consultation by calling 720-588-3529 (CO) or 608-620-3529 (WI).