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Frequently Asked Questions
General Questions
Civil and Small Claims
Family
Payments
Restraining Orders
Traffic/Ordinance/Underage Drinking Citations
Misc.
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| GENERAL QUESTIONS |
| Q: Where can I find court record information? |
A: You can visit Wisconsin Circuit Court Access at www.wicourts.gov and get case information on Wisconsin cases. Or you can visit the Clerk of Courts Office and request to review a file (Eau Claire County Cases only), all we need is a case number.
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Q: How do I get copies of something in my file?
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A: You can visit our office and request to see your file by providing us with your case number. You can then make your own copies for $0.25 a page on our public access copier. We can also send copies; however payment of $1.25/page (plus a self address stamped envelope, if mailing) is required prior to us sending anything. Please call our office at 715-839-4816 with your case number so we can provide you with the number of pages. Please note: there is a $5.00 research fee if you do not provide your case number.
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| Q: How do I find my case number? |
A: You can visit Wisconsin Circuit Court Access at www.wicourts.gov and get your case information. Please note: Cases older than 1992 might not be listed. You will need to contact the Clerk of Courts Office and pay a $5.00 search fee. A public access computer is available in our office to look up the case number.
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Q: How do I get a form?
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A: Forms are available for free online on the states website http://www.wicourts.gov/forms1/circuit/index.htm. We do have some forms available in the Clerk of Courts office, fees might apply.
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CRIMINAL
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Q: Do I qualify for expungement/pardon?
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A: See our Criminal Section-Expungements/Pardons |
| Q: Where can I get legal advice? |
A: The staff at the Clerk of Courts office can NOT give legal advice. There is a free legal clinic offered the 3rd Wed. of each month at the L.E. Phillips Public Library from 6:30 p.m.-8:00 p.m. This is a public service from the Eau Claire County Bar Association. You can also visit www.legalexplorer.com to get information on finding a lawyer.
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| CIVIL and SMALL CLAIMS |
| Q: How do I file a Civil Case? |
A: The State does not have standardized forms ( Except for TRO/INJ and/or name change forms); however, certain questions may be answered through the on-line self-help center. Note: There are many different types of civil cases – see case classifications
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| Q. How much does it cost to file a civil case? |
A: It depends on the type of case. There are several different fees, some based on dollar amount, no amount, and some are no fee. See current fee schedule
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| Q. How do I change my name, or my child's name? |
A. See Civil Page
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| Q. How can I get a vital record corrected or changed? |
A. You would need to file a petition available at the Clerk of Courts office, pay the applicable fee, then the proposed order would be submitted to the appropriate Court Official for review.
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| Q. I received or was served with a summons, complaint, or other document. Do I have to answer or respond? How do I answer? When do I need to have my answer in? |
A. We can not professionally advise but can note that how and when a party answers, does have a substantial impact on how the matter or court proceeds. You may need to consult with an attorney for advice.
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| Q. I am a renter and was served with a garnishment, what do I do? I am being garnished and can’t afford to have any money taken out, what can I do? |
A. You may wish to contact the attorney handling the process for the creditor. If a debtor has a hardship, there is a garnishee answer form SC-518 which you can complete and provide to your employer, who then needs to copy the creditor. If the creditor objects, they can bring the matter to court.
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| Q. I am being foreclosed on, how much time I have before I have to be out? |
A. Usually occupants need to vacate the premise when a new owner takes over, and that generally happens after a foreclosure sale is confirmed. If the occupant is not out, the new owner can request a writ of assistance which then authorizes the sheriff to go out & move out the occupants.
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| Q. When is a certain property going up for sale? |
A. See listing of Foreclosure Sales
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| Q. I am interested in buying foreclosed property but how do I find out if there are any judgments or liens against the property? |
A. You may pay the clerk $5 to do a judgment/lien search under a party name or business. You may also do this yourself on-line. You may also wish to inquire with a title/abstract business for professional assistance. It is also wise to check with the local zoning or health department for non-compliance orders.
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| Q. How do I file a lien? |
A. As for a lien, please see Civil Home page for basic information on liens. You may also need to educate yourself further on collection of such liens. Once you have the necessary paperwork, the fee is $5 to file/record.
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| Q. Judgments show up on my credit report that is not mine, what can I do? |
A. For judgments with common names attached to the wrong credit report, the clerk has a courtesy “affidavit of identity” which basically sets forth that you are not the same “Jane or John Doe” who a judgment was entered against etc”. The party could also provide a copy of this to the credit agency wrongfully reporting the information.
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| Q. How do I find out if there are any judgments or liens against me or another person? |
A. The clerk can do a judgment/lien search upon written request & payment of the $5 search fee, or you may do this on your own.
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| Q. My drivers license was revoked due to a money judgment, how can I get it back? |
A. As for a revoked drivers license, you may contact the attorney handling the claim for the creditor as its’ possible payment arrangements can be made and the creditor will agree to lift the hold. If the debtor later defaults, then the court has to approve the 2nd payment arrangement.
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| Q. How do I collect on my judgment? |
A. For information on collection, you may refer to the Small Claims Guidebook.
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| FAMILY |
| Q. How can I have my case moved to Eau Claire County? |
A. You need to do the following:
-- File a motion for Change of Venue (Form GF-120) in the county where the case originated.
-- Receive an Order from that county to change the venue
-- Pay a transfer fee of $15 to that county to transfer the case
--Pay a filing fee of $105 to Eau Claire County to file the case here
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| Q. What is the difference between DIVORCE and LEGAL SEPARATION? |
A. Divorce ends your marriage. The Court rules on the division of property, maintenance (spousal support) and if necessary, arrangements for child custody, support and physical placement. Divorce leaves both parties free to marry again six months after the divorce is granted.
Legal Separation does not end your marriage. The court rules on the division of property, maintenance (spousal support) and if necessary, arrangements for child custody, support and physical placement. The parties are still married. After the judgment has been in effect for at least one (1) year, either party may request the court to change the legal separation into a divorce. The parties cannot marry another person during legal separation.
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| Q. How can I obtain an annulment? |
A. This can be complicated. Refer to Wisconsin Statute 767.313 at
https://docs.legis.wisconsin.gov/statutues/statutes/767/IV/313 or seek the assistance of an attorney.
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| Q. What is Mediation and what if it doesn't work? |
A. It is recommended that the parents come to an agreement as to the legal custody and physical placement of their children. If they cannot, and a dispute arises, the court will order that parents attend a mediation session. If the parents are still unable to come to an agreement, the court may make other orders, including the appointment of an attorney to represent the interests of a minor child (Guardian ad Litem), and the completion of a Proposed Parenting Plan. In making a final decision on legal custody or physical placement, the court will consider all factors related to the best interest of the child, including those listed in WI Statute 767.41, which is available at the following web site: http://www.legis.state.wi.us/Statutes/Stat0767.pdf
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| Q. Can I move my child out of the area or state? |
A. Staff in the Clerk of Courts are unable to answer this question, as it is legal advice. Please refer to Wisconsin Statute 767.481 at: https://docs.legis.wisconsin.gov/statutes/statutes/767/IV/313or seek the assistance of an attorney.
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| PAYMENTS |
Q: How do I set up a payment plan?
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A: See our Payments Section |
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Q: How do I pay a fine or find out how much I owe?
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A: See our Payments section or call the Clerk of Court at 715-839-4816 and ask to speak to a fiscal clerk
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RESTRAINING ORDERS
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Q: What are the different types of Retraining Orders?
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A: Check out this guide provided by Wisconsin Coalition Against Domestic Violation |
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Q: How do I get a Restraining Order in Eau Claire County?
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A: Check out this Instruction Sheet for Eau Claire County. |
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TRAFFIC/ORDINANCE/UNDERAGE DRINKING CITATIONS
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Q: I got a ticket, what happens now?
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A: See our Traffic/Ordinance/Underage Drinking page |
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Q: How can I check to see my driver's license status?
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A: Check out the DOT's web site |
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MISC.
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Q: Is this where I get a marriage license?
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A: No, marriage licenses are done in the County Clerk's Office |
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Q: Is this where I get a copy of my birth certificate?
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A: No, birth certificates are stored at the Register of Deeds Office |