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Sen. Jon Erpenbach: Solutions for small claims courts
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Unpaid bills and consumer complaints often are solved in small claims court in Wisconsin. This court allows consumers and businesses the opportunity to reach a legal remedy without a lawyer and the expense of filing a lawsuit in circuit court.

The small claims court limit has not been raised in more than a decade. The current $5,000 limit no longer reflects the needs of the current marketplace for consumers or businesses. With Rep. Gary Hebl from Sun Prairie, I am co-authoring a bill to increase the limit for small claims court in a two-tiered system that will help consumers and small businesses by doubling to $10,000 the maximum filing amount for those who file fewer than 20 claims in a 12-month period.

The small claims court system can be a financial challenge for county courts because the county receives very little of the filing fees paid to support the courts where small claims are filed. The Hebl/Erpenbach proposal would increase the filing fees to support the change in law which may bring more filings into small claims court. Those who file less than 20 claims per year would have a filing fee of $33; those who file more than 20 claims a year would pay a fee of $44.

Built off an idea from another state, this new system will make the court more of a user fee system to control use and to make the most frequent users of small claims court pay their fair share for the court services, while giving small business owners and others who use small claims court occasionally the benefit of a higher limit. Stepping limits and fees gives small businesses the higher limits they have been requesting, while avoiding opening the floodgates for more frequent users. County government will get to keep all of the additional revenue created by the stepped fee schedule, while allowing only a minor increase in small claims caseload.

This increase should be good news for consumers and businesses all over Wisconsin who need to file in small claims court for occasional unpaid bills and disputes about services provided. The increased maximum filing limit for many users of the court will more accurately reflect the cost of the marketplace. Additionally, the increased fees for filing will help county government at a time when support for local services is feeling the strain of the economy. For more information on the Small Claims Court Increase bill, contact my office at (888) 549-0027 or (608) 266-6670 or e-mail: sen.erpenbach@legis.wi.gov.

- Sen. Jon Erpenbach, D-Waunakee, serves the 27th Senate District.