Wisconsin · Unpaid personal loan

Unpaid personal loan in Wisconsin small claims

Friend or family owes you money? Recover it in small claims.

Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.

In Wisconsin, small-claims cases are heard in the Circuit Court (Small Claims) and you can sue for up to $10,000 (for money claims; $5,000 for tort or personal-injury claims).

Good to know: Wisconsin small claims cases are heard in the small claims division of the circuit court; each county has a circuit court clerk of court. The official self-help materials refer to it simply as "Small Claims Court." Note the two-tier dollar limit: $10,000 for money/contract claims but only $5,000 for tort/personal injury claims (and replevin non-consumer claims up to $10,000, consumer-credit replevin up to $25,000 financed). Court staff cannot give legal advice.

Unpaid personal loan: steps that matter

1. Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
2. Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
3. Send a written demand for repayment with a clear deadline and keep proof you sent it.
4. Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
5. File in the court where the defendant lives or where the loan was agreed to.

Filing your Summons and Complaint (Small Claims), form SC-500 (or SC-500I with instructions) in Wisconsin

1. Confirm your claim qualifies and identify the right party and county. Verify the claim is within small claims limits ($10,000 or less for money; $5,000 or less for tort/personal injury). Money-judgment cases are generally filed in the county where a defendant resides or where the claim arose (consumer claims have special venue rules). Per SC-6000V: 'It is important that you sue the right party. Naming the wrong party could result in the dismissal of your case.'
2. Complete the Summons and Complaint (SC-500 or SC-500I). Per SC-6000V: 'Complete the Summons and Complaint, (SC-500) form or Summons and Complaint (with Instructions), (SC-500I) form and make two (2) copies for each defendant.'
3. File with the clerk of court and pay the filing fee. Per SC-6000V: 'Take the original and copies to the clerk of court's office for filing and payment of the filing fee.' Alternatively, file and pay online through the Wisconsin circuit court eFiling system. If you cannot afford the fee, file a Petition for Waiver of Filing Fees and Costs (CV-410A).
4. Arrange for service of the Summons and Complaint on the defendant. Per SC-6000V the next step after filing is that the 'Plaintiff arranges for service of documents.' Service requirements (mail or personal service via sheriff/process server) are detailed in the Pre-Judgment: Basic Steps to Small Claims Service guide (SC-6050V), and proof of service must be filed.
5. Attend the return date / respond as the court directs. The Summons states whether parties must appear in person on a return date or may respond in writing per local court rules. If the defendant does not respond or appear, 'Court grants a default judgment for the plaintiff'; if disputed, the court schedules a trial.

Filing fees: Filing and service fees are set locally and vary; confirm the current amount with the court. A fee waiver is available if you cannot afford the costs.

Deadline that applies to your unpaid personal loan

A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.

Written contract: 6 years (Wis. Stat. § 893.43)

Answering a lawsuit: Set by the Summons / local court rule (no single fixed statewide deadline). The Summons states the return date and whether the defendant must appear in person or answer in writing, and where to file; failing to answer or appear by that date may result in a default judgment.

Serving the defendant: After filing, the plaintiff is responsible for arranging service of the Summons and Complaint on each defendant (by mail or by personal service through the sheriff or a process server), and proof of service must be filed. Procedures are detailed in the Pre-Judgment: Basic Steps to Small Claims Service guide (SC-6050V).

Appeals: A small claims judgment may be appealed to the Wisconsin Court of Appeals. For most small claims (money) judgments the general appeal deadline applies: an appeal must be initiated within 45 days of entry of the final judgment or order if written notice of entry is given within 21 days (s. 806.06(5)), or within 90 days if such notice is not given (Wis. Stat. § 808.04(1)). NOTE: eviction judgments are different - under Wis. Stat. § 799.445, an appeal of an order for restitution of the premises must be initiated within 15 days of entry; confirm which rule applies to your case type before relying on a deadline.

All Wisconsin small-claims deadlines

The table below lists the filing deadlines Circuit Court (Small Claims) applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.

Wisconsin small-claims forms for your unpaid personal loan case

These forms are published by the Circuit Court (Small Claims). Download and complete them before filing.

• SC-500 - Summons and Complaint (Small Claims): The form that opens/starts a small claims action; lists the plaintiff, defendant, claim, and relief sought.
• SC-500I - Summons and Complaint (Small Claims) with Instructions: Self-represented (pro se) version of the Summons and Complaint that includes step-by-step instructions for filling it out.
• SC-5200V - Answer and Counterclaim (Small Claims): Used by the defendant to answer the complaint in writing and to assert any counterclaim against the plaintiff.
• SC-5130V - Declaration of Mailing (Small Claims): Proof-of-service form filed with the clerk when a document has been served on the other party by mail.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Wisconsin Court System - Small Claims Self-Help Law Center. Last reviewed 2026-06-23.