The cost of an eviction in Wisconsin for all filing, court, and service fees can vary based on service and execution fees. For cases filed in Small Claims Court the average cost is $124.50.
| Fee | Small Claims |
| Initial Court Filing | $94.50+ |
| Summons Service | ~$12+ |
| Counterclaim Filing (Optional) | $125.50 |
| Writ of Restitution Service | $8 |
| Writ of Restitution Execution | $10+ |
| Notice of Appeal Filing (Optional) | $195 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Wisconsin, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Eviction Action”) with the court the following business day.
The filing fee for an initial Eviction Action is $94.50 and is appliable to all counties is Wisconsin.
If the initial lawsuit was filed electronically, there is an additional filing fee of $20. [ttip number=’1′ icon=’popover-balance’]
2. Summons Service Fee
Once a Complaint is filed in Wisconsin, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons service fee varies by process server. For example, a sheriff shall charge $12, plus $6 for each additional tenant [ttip number=’2′ icon=’popover-balance’] for delivering a Summons; however, a registered private process server may charge more.
3. Counterclaim Filing Fee
In addition to filing an Answer, the tenant can file a Counterclaim in Wisconsin. A Counterclaim can be submitted into court if the tenant believes that the landlord owes them money due to the landlord’s breach of the lease agreement (i.e., habitability issues or noncompliance).
To submit a Counterclaim, the tenant must pay a filing fee of $125.50.
4. Writ of Restitution Service Fee
In Wisconsin, if the court rules in favor of the landlord, the court shall issue a Writ of Restitution immediately. The writ is the tenant’s final notice to vacate the premises.
A sheriff [ttip number=’3′ icon=’popover-balance’]must serve the Writ of Restitution to the tenant. They shall charge a service fee of $8 for delivering the writ. [ttip number=’4′ icon=’popover-balance’]
5. Writ of Restitution Execution Fee
In Wisconsin, a sheriff shall execute the writ within 10 calendar days of the receipt of the writ. The sheriff shall execute the writ by removing the tenant from the premises.
The sheriff shall collect $10 per hour for each deputy assigned to evict the tenant. [ttip number=’5′ icon=’popover-balance’]
6. Notice of Appeal Filing Fee
If either party chooses to file an Appeal, they may do so as long as the Notice of Appeal is filed within 15 calendar days of the judgment. The filing fee is $195.
A tenant may not stay at the rental unit during the Appeal if a Writ of Restitution was ordered by the court unless the tenant serves and files a bond amount with the court that is approved by the court. If the tenant does not pay rent when due or upon any other terms of the bond, the sheriff can immediately execute the writ and the tenant must move out.
Sources
- 1 WI Stat § 801.18 (2022)
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(7)(c) Users shall be charged a fee for use of the electronic filing system, as provided under s. 758.19 (4m) and established by the director. The fee is a recoverable cost under ss. 799.25 (13) and 814.04 (2). The electronic filing fee shall not be charged to Wisconsin state or local government units.
- 2 WI Stat § 814.70 (2022)
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For each service or attempted service of a summons or any other process for commencement of an action, a writ, an order of injunction, a subpoena, or any other order, $12 for each defendant or person. If there is more than one defendant or person to be served at a given address, $6 for each additional defendant or person.
- 3 WI Stat §799.44 (2022)
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(2) At the time of ordering judgment for the restitution of premises, the court shall immediately order that a writ of restitution be issued, and the writ may be delivered to the sheriff for execution in accordance with s. 799.45…
- 4 WI Stat § 814.70 (2022)
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(8) Seizure of property; evictions. For serving any writ or other process with the aid of the county, $8…
- 5 WI Stat § 814.70 (2022)
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…$10 per hour for each deputy assigned to inventory the property when seizing property on attachment, replevin, execution or evicting on a writ of restitution or writ of assistance, plus all necessary expenses incurred thereby.
