Can I request attorney fees in a small claims court case?

In Wisconsin, the answer to this question is generally no, attorney fees cannot be requested in a small claims court case. Small claims court is a simplified court system created to handle disputes quickly and inexpensively for those who are unable to afford the costs of a traditional court case. Attorneys are typically not allowed in small claims court, as the informal setting is designed to enable individuals to represent themselves. The court is designed to be accessible and friendly to those without legal experience. In some limited circumstances, however, it may be possible to request attorney fees in a small claims court case. In Wisconsin, those who are successful in recovering more than $5,000 in a small claims court case may be able to be awarded attorney fees. The court may also grant attorney fees in certain cases involving fraud or other particularly egregious conduct by the other party. Generally, however, individuals filing a claim in Wisconsin small claims court should not expect to receive attorney fees. The small claims court system is designed to be affordable for those who are unable to afford the costs of a traditional court case. By allowing attorney fees in some cases, the costs of small claims court cases would go up, defeating the purpose of the court system.

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Can I request attorney fees in a small claims court case?

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