Circuit court eFiling - eFiling a cross claim/counterclaim; upgrading a small claims case to a civil case

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Purpose: A counter claim can be filed on an existing small claims case to upgrade it to a civil case. When successfully submitting a cross claim/counterclaim, the necessary fee can be paid through the eFiling site. 

Applicable Users: eCourts users

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1. Visit the eFiling website at https://efiling.wicourts.gov/ and log in. For more information see the article Logging into Wisconsin circuit court eFiling.
2. Select my cases from the main navigation or the [My cases] button from the bottom menu.
   
3. Enter the case number or caption in the search filter fields on the My cases page to quickly locate the case you wish to file on. The Case no. filter allows you to enter a complete case number or just a case type abbreviation (CV, FA, SC, etc.). Use the County dropdown list to filter cases by the county in which they are filed. Use the arrows at the top of each column to sort the My cases list alphabetically by county, caption, status, and attorney, and numerically by case number.
   
4. Once you locate the case, select the File another document link.
   Note: To view and file on closed cases, select the Click here to search link near the top of the page. Cases in Submitted status have not yet been reviewed or processed by the court. Documents cannot be filed on submitted cases until the case has been accepted. After the court reviews and processes the case, the status for the filing changes to Open and additional documents may be filed.
5. Review the bulleted specifications list to ensure your documents are properly formatted. Select [Upload documents] to browse for and upload the counter claim document along with other associated documents to the case. 
   
6. From the Document type dropdown menu, select the correct document type. Enter a descriptive title in the Document title text entry field. To change the case type from Small Claims to Civil and pay the fee electronically, the document type of Cross Claim/Counterclaim (>$10,000) should be selected. Select the [Continue] button.
   
   Note: An accurate and descriptive title is beneficial for identifying documents. The title entered here displays on the View documents list on your My cases screen, and is visible to the courts.
   Select the File name link to view an uploaded document and select the Remove link to delete an uploaded document.
   The Notes to Clerk text entry field functions like a virtual sticky note on your filing. Anything you type in this box displays to the clerk when they process your filing but is deleted once your filing is accepted. These notes are not permanently saved to the case.
7. On the Ready to file page, select the checkbox next to filing(s) you wish to submit, or select the checkbox next to a county name to submit all filings in that county. Then, select [File] or [File and Pay]. Note the difference between the small claims case filing fee and the civil case filing fee.
   
   Note: If you are filing a document with an associated filing fee (e.g. a garnishment or jury demand) the [File and Pay] button displays requiring you to make payment upon submission.
   If you have set up a court debit account (CDA) with the circuit court you are filing in, you have the option to choose a payment type. To learn how to set up a CDA, see the Creating and managing a court debit account article. It is your responsibility to ensure sufficient funds are available in the account at the time of filing.
   If paying with a credit/debit card or eCheck via the US Bank ePayment website, a transaction fee is applied to the total.
8. On the Filings submitted page, select [Make payment with US Bank] to proceed to the US Bank ePayment website and pay the associated filing fees.
   
   Note: Once you have advanced to this page, do not close out of your browser window or take a break. Selecting the [File and pay] button at the bottom of the previous page initiates a connection with the US Bank ePayment website that exists for 10-15 minutes.
   If you wait longer than that to complete your payment or exit the system before the payment process is complete, you will need to select the $ payment needed link in the main navigation to make payment. You may need to wait 1-2 hours for the filing in need of payment to appear. Your filing will not be processed by the county until payment has been made. Filings will expire after 48 hours without payment.
   
   US Bank is the vendor that processes circuit court credit card and electronic check transactions. You do not need a US Bank checking or savings account to pay for filings on the US Bank ePayment website. You can pay using a Visa card, MasterCard, or electronic check.
9. After you submit your filing, it is transmitted to the circuit court and processed when both the cross claim/counterclaim and payment are received. The clerk’s office will create a new civil case and the new case number will be communicated to all parties on the original small claims case by the clerk’s office.
   Note: Submitted documents that have not yet been processed display in Submitted status on the My cases page. They are not visible to other parties until they have been processed.
10. Once the new civil case number is known, opt in to the new case for electronic access. For instructions opting in, see the article Opting in on a case as a self-represented (pro se) party. The $35 eFiling fee is not charged to opt-in to the new civil case.
    Note: If, when opting in, the site indicates you are being charged the $35 opt-in fee, contact the clerk of courts, this fee should not be charged.
    The original small claims case will be closed and cross-referenced to the new civil case. As the cases are not consolidated, eNotice parties on the small claims case will continue to have electronic access until they withdraw from the case. Because the case is closed, it is findable using the Click here to search link on the My cases page (see step 4).