814.62.Fees in garnishment, wage earner and small claims actions.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 2025 · Last verified July 15, 2026
Full Text of Section 814.62
Official Notes
NOTE: Sub. (1) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (1) GARNISHMENT ACTIONS. The fee for commencing a garnishment action under ch. 812, including actions under s. 799.01 (1) (d) 2., is $20, except that there is no fee for commencing a garnishment action to satisfy an order for victim restitution under s. 973.20 (1r). Of the fees received by the clerk under this subsection, the county treasurer shall pay $12.50 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit $5 of the $12.50 to the appropriation under s. 20.680 (2) (j). (2) WAGE EARNER ACTIONS. The fee for commencing wage earner amortization proceedings under s. 128.21 is $23.
NOTE: Sub. (2) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (2) WAGE EARNER ACTIONS. The fee for commencing wage earner amortization proceedings under s. 128.21 is $10. (3) SMALL CLAIMS ACTIONS. (a) In a small claims action under ch. 799, at the time of issuance of a summons or other process in a proceeding not commenced by a summons, the plaintiff shall pay to the clerk of court a fee of $39.
NOTE: Par. (a) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (a) In a small claims action under ch. 799, at the time of issuance of a summons or other process in a proceeding not commenced by a summons, the plaintiff shall pay to the clerk of court a fee of $22. (b) If a counterclaim or cross complaint is filed under s. 799.02 (1), the person filing the same shall pay a fee equal to the difference between the fee under s. 814.61 (1) (a) and the fee under par. (a). (c) For all other services of the clerk in a small claims action, the clerk shall collect the fees prescribed in s. 814.61. (d) 2. Of the fees received by the clerk under par. (a), the county treasurer shall pay $11.80 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit the $11.80 to the appropriation under s. 20.680 (2) (j). 3. Of the fees received by the clerk under par. (b), the county treasurer shall pay $27.20 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit $10 of the $27.20 to the appropriation under s. 20.680 (2) (j). (e) If any party files a demand for a jury trial in any action under ch. 799, the party demanding the jury trial shall pay a fee equal to the difference between the fee under s. 814.61 (1) (a) and the fee under par. (a), in addition to the fee under s. 814.61 (4). (4) MAILING FEE. For service by mail under s. 799.12, the clerk shall collect $7 for each defendant to cover the expense of mailing. If service by certified mail return receipt requested is re- quired, the clerk shall collect for each defendant $7 plus the cost for the certified mailing, rounded up to the nearest dollar.
NOTE: Sub. (4) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (4) MAILING FEE. For service by mail under s. 799.12, the clerk shall collect $2 for each defendant to cover the expense of mailing. If service by certified mail return receipt requested is required, the clerk shall collect for each defendant $2 plus the cost for the certified mailing, rounded up to the nearest dollar.
Plain-English Summary
Section 814.62 covers three distinct kinds of proceedings, each with its own commencement fee. A garnishment action under ch. 812 currently costs $20 to commence, rising to $36 on November 1, 2026 — except there’s never a fee for garnishing to satisfy a victim restitution order under s. 973.20 (1r). A wage-earner amortization proceeding under s. 128.21 currently costs $10, rising to $23. A small claims action under ch. 799 currently costs $22 at the time a summons or other process issues, rising to $39.
Small claims fees have a few moving parts beyond the base charge. A counterclaim or cross-complaint filed under s. 799.02 (1) costs the difference between the ordinary civil filing fee under s. 814.61 (1) (a) and the small claims fee — in effect, topping the case up to a standard civil filing once someone wants to litigate a counterclaim within it. Demanding a jury trial in a small claims case costs that same difference, plus the separate jury fee under s. 814.61 (4). For any other clerk service in a small claims case, the standard fees under s. 814.61 apply.
Section 814.62 also fixes the mailing fee for service by mail under s. 799.12: currently $2 per defendant, rising to $7, plus the cost of certified mail (rounded up to the nearest dollar) when service by certified mail return receipt requested is required.
As with most of chapter 814’s fee provisions, these increases take effect November 1, 2026, under 2025 Wisconsin Act 179; the lower figures remain in effect until then.
Frequently Asked Questions
How much does it cost to start a garnishment action in Wisconsin?
Currently $20, rising to $36 on November 1, 2026. There’s no fee at all for a garnishment action commenced to satisfy a victim restitution order under s. 973.20 (1r).
What is the filing fee for a small claims case in Wisconsin?
Currently $22 at the time a summons or other process issues, rising to $39 on November 1, 2026.
Do I pay extra to file a counterclaim in a small claims case?
Yes. Filing a counterclaim or cross complaint costs the difference between the ordinary civil filing fee under s. 814.61 (1) (a) and the small claims fee under s. 814.62 (3) (a).
How much does it cost to demand a jury trial in a Wisconsin small claims case?
The same amount as the difference between the standard civil filing fee and the small claims fee, plus the separate jury fee charged under s. 814.61 (4).
What does it cost to serve a small claims summons by mail?
Currently $2 per defendant, rising to $7 on November 1, 2026. If certified mail return receipt requested is used, the clerk also collects the actual cost of that certified mailing, rounded up to the nearest dollar.
Amendment History
History: 1981 c. 317; 1983 a. 27; 1985 a. 29; 1987 a. 208, 399; 1989 a. 31, 359; 1991 a. 39; 1993 a. 16; 1995 a. 27; Sup. Ct. Order No. 95-10, 195 Wis. 2d xv (1996); 2003 a. 33; 2015 a. 355; 2025 a. 179.