Wisconsin · Roommate money dispute

Roommate money dispute in Wisconsin small claims

Ex-roommate owes you money? Recover it in small claims.

When a roommate leaves without paying their share of rent, utilities, or other agreed expenses — or when money was lent and not repaid — small claims court is an accessible option to recover. Your case turns on showing what was agreed, what was paid by each person, and what remains unpaid. A written roommate agreement or lease addendum is the strongest evidence, but texts, emails, and payment records can also establish the arrangement.

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.

Roommate money dispute: steps that matter

1. Gather your roommate agreement, lease, and any written communications about shared expenses, payments made, and what was owed.
2. Compile payment records showing what you paid and what the other person did or did not pay.
3. Send a written demand for the amount owed and keep proof you sent it.
4. File in the court for the county where the rental property is located or where the defendant currently lives.

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 roommate money dispute

A roommate money dispute is usually a contract or debt claim — unpaid shared expenses, a loan between roommates, or one roommate leaving the other holding the lease. The statute of limitations is typically the contract or debt period, starting from when the money was due or the last payment was 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 roommate money dispute claim with your court before relying on any figure.

Wisconsin small-claims forms for your roommate money dispute 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.