Wisconsin Senate Bill SB790

Wisconsin 2025-2026 Regular Session

• Introduced: 12/22/25
• Refer: 12/22/25
• Failed: 3/23/26

Caption

An Act to amend 799.01 (1) (cr) of the statutes; Relating to: actions in small claims for third-party complaints, personal injury claims, and actions based in tort. (FE)

Impact

The implementation of SB790 is expected to streamline the litigation process for claimants by empowering them to submit larger claims in small claims court. This could lead to a reduction in the case load for higher courts, as more individuals will be able to handle their claims at the small claims level. Additionally, by raising the limit, the bill acknowledges the changing economic environment and the need for adjustment in the judicial procedures related to small claims. However, there may be consequences regarding the preparedness of small claims courts to handle increased caseloads effectively, which could potentially delay justice for some claimants.

Summary

Senate Bill 790 aims to amend the procedures for small claims actions in Wisconsin, specifically addressing third-party complaints, personal injury claims, and actions based in tort. The bill proposes to increase the jurisdictional limit for these types of claims from $5,000 to $10,000. This change is significant as it allows individuals to pursue a broader range of claims within the small claims court, effectively doubling the amount at stake in these civil actions. The proponents of the bill argue that this increase will facilitate access to justice for plaintiffs who seek to resolve disputes without the need for lengthy and expensive litigation processes in higher courts.

Contention

While supporters of SB790 advocate for the increased limits as a means of enhancing access to the judicial system, there are concerns about how this change might affect defendants. Some legal experts worry that increasing the limit without sufficient support for court resources could overwhelm the small claims system, leading to slower resolutions and more complicated cases. Additionally, there may be debates about whether the increase adequately reflects the inflationary pressures on costs associated with personal injury and tort claims. As the bill continues through the legislative process, these points of contention are likely to be crucial for discussions among lawmakers and legal stakeholders.