An Oconomowoc man who recently won a small claims court case says it’s been nearly impossible to collect the money he’s now owed.
Jeff McCarthy reached out to TMJ4, highlighting potential flaws in a system that he says leaves winners to fend for themselves.
McCarthy won his case last year, but the man he sued still owes him around $6,000.
“I haven’t seen a dime,” McCarthy said.
The case revolves around a horse named Red that McCarthy says was sold to his family with undisclosed health issues, eventually leading to the animal being euthanized.
“He was literally struggling to walk in. And the day that I put him down, he wouldn’t even pick up his feet,” said Calleigh McCarthy, Jeff’s daughter, who became emotional recalling the experience.
TMJ4 contacted the man who sold Red to the McCarthy family, but he declined to discuss the sale.
“His actions caused a lot of emotional distress for my daughter, which I take very personally,” McCarthy said.
Watch: Small claims court victory leaves Oconomowoc man fighting to collect payment
What surprised McCarthy most was discovering that winning in small claims court doesn’t guarantee payment.
“I was really surprised once I won that judgment that it’s completely on me to work with the person that I took to court to receive the judgment,” McCarthy said.
Wisconsin’s court system outlines several steps for collecting judgments when defendants don’t voluntarily pay, including garnishing wages or using collection agencies.
“I’ve gone through them all,” McCarthy said, pointing to the list of options for collecting judgments.
When he approached collection agencies, he says they weren’t interested. “The collection agency said — he doesn’t have anything. We’re going to decline. We’re not going to help you,” McCarthy said.
McCarthy contrasted his situation with other legal matters: “If there’s a child support judgment, the state ensures that those payments are being made. I’m out of options, and I wish the state or the county would get involved and hold him accountable.”
Angela Schultz, assistant dean for public service at Marquette Law School, explained the difference: “The state is going to say, our number one lens through which we’re going to look at child support matters is going to be about what is in the children’s best interest. But when we’re thinking about small claims, that level of public policy concern and consideration just isn’t even there.”
For those navigating Wisconsin's court system, free legal advice is available from the Marquette Volunteer Legal Clinics. Schultz noted that family law is the most common issue people seek help with, followed by "anything having to do with money or debt." She says volunteer law students and lawyers often counsel people seeking advice about taking action in small claims court by providing realistic expectations about collection.
"(Finding) a mediator to help solve the problem outside of the court, making a decision, if you can come to that agreement just as two humans — that I think, is the best route of all," added Schultz.
According to Wisconsin state statutes, unpaid small claims judgments can remain outstanding and enforceable for up to 20 years. This means if the person sued eventually acquires assets, "your judgment then would be sitting on a list of any other money that person may owe, and you would have a place in line," Schultz said.
While the McCarthy family hasn't found closure, they did find a new horse for Calleigh.
When asked if he would go through small claims court again, McCarthy sighed and said, "If I had to do this all again, I would still do it. As I mentioned earlier, for me, it's not about recovering the money. The money would be nice, of course. But I want him to be held accountable."
The Wisconsin court system does not publish data on unpaid judgments, making it difficult to quantify how many people face similar challenges.
According to Lift Wisconsin, more than 61% of small claims debt cases in the state result in default judgments. It indicates that a large portion of judgments are not paid by the defendant, often because they don't respond to the initial claim or appear in court.
Click here for a basic guide to navigating Wisconsin small claims actions, provided by the Wisconsin court system.
Click here to visit the Wisconsin court system's self-help law center. Guides are available for specific small claims actions and collection actions.
The Milwaukee Justice Center also provides free civil legal aid. Click here for more information.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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