Wisconsin debt statute of limitations

Wisconsin limitation periods by type of debt

Wisconsin applies a 6-year period to any contract, obligation, or liability, express or implied (§ 893.43(1)).

What the Wisconsin statute says

“Except as provided in sub. (2), an action upon any contract, obligation, or liability, express or implied, including an action to recover fees for professional services, except those mentioned in s. 893.40, shall be commenced within 6 years after the cause of action accrues or be barred.”
Wis. Stat. § 893.43(1)

“Except as provided in sub. (2), an action upon any contract, obligation, or liability, express or implied, including an action to recover fees for professional services, except those mentioned in s. 893.40, shall be commenced within 6 years after the cause of action accrues or be barred.”
Wis. Stat. § 893.43(1)

Does paying restart the clock in Wisconsin?

When the limitations period on a Wisconsin claim runs out, the right itself is extinguished, not just the ability to sue (Wis. Stat. § 893.05).

Wisconsin’s own debt collection law

Wisconsin Statutes chapter 427 lists practices a debt collector may not use when collecting a debt from a consumer credit transaction or other consumer transaction with deferred payment.

“In attempting to collect an alleged debt arising from a consumer credit transaction or other consumer transaction, including a transaction primarily for an agricultural purpose, where there is an agreement to defer payment, a debt collector may not:”
Wis. Stat. § 427.104(1) (Wisconsin Consumer Act, ch. 427)

If a creditor wins a judgment in Wisconsin

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Wisconsin rules take over.

How long a judgment lasts

In Wisconsin, an action upon a judgment of a court of record must be commenced within 20 years after the judgment is entered, with limited statutory exceptions.

“action upon a judgment or decree of a court of record of any state or of the United States shall be commenced within 20 years after the judgment or decree is entered or be barred.”
Wis. Stat. § 893.40

Wage garnishment

In Wisconsin, 80% of a debtor's disposable earnings are exempt from earnings garnishment, and earnings are totally exempt if household income is below the poverty line or the debtor receives (or recently received) need-based public assistance; support and tax collections are excluded.

“Unless the court grants relief under s. 812.38 (2) or par. (b) or (c) applies, 80 percent of the debtor’s disposable earnings are exempt from garnishment under this subchapter.”
Wis. Stat. § 812.34(2)

Money in a bank account

Wisconsin exempts depository (bank, credit union, etc.) accounts up to an aggregate $5,000, but only to the extent the account is for the debtor's personal use and not a business account.

“Depository accounts in the aggregate value of $5,000, but only to the extent that the account is for the debtor’s personal use and is not used as a business account.”
Wis. Stat. § 815.18(3)(k)

Small claims court

Wisconsin small claims procedure covers other civil actions (such as money judgments) of $10,000 or less; under 2025 Wis. Act 105 the limit rises to $15,000 effective January 1, 2027 (tort and personal-injury claims have a separate $5,000 limit).

“Other civil actions where the amount claimed is $10,000 or less, if the actions or proceedings are:”
Wis. Stat. § 799.01(1)(d)

Time-barred debt in Wisconsin

In Wisconsin, when the limitations period on a Wisconsin claim has expired, the right itself is extinguished, not just the ability to sue.

“Relation of statute of limitations to right and remedy. When the period within which an action may be commenced on a Wisconsin cause of action has expired, the right is extinguished as well as the remedy.”
Wis. Stat. § 893.05

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Wisconsin treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Wisconsin?

6 years for credit-card debt and 6 years on a written contract, under Wis. Stat. § 893.43. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Wisconsin?

When the limitations period on a Wisconsin claim runs out, the right itself is extinguished, not just the ability to sue (Wis. Stat. § 893.05).

Does Wisconsin have its own debt collection law?

Wisconsin Statutes chapter 427 lists practices a debt collector may not use when collecting a debt from a consumer credit transaction or other consumer transaction with deferred payment. (Wis. Stat. § 427.104(1) (Wisconsin Consumer Act, ch. 427)).

How long does a court judgment last in Wisconsin?

In Wisconsin, an action upon a judgment of a court of record must be commenced within 20 years after the judgment is entered, with limited statutory exceptions. (Wis. Stat. § 893.40).

How much of my pay can be garnished in Wisconsin?

In Wisconsin, 80% of a debtor's disposable earnings are exempt from earnings garnishment, and earnings are totally exempt if household income is below the poverty line or the debtor receives (or recently received) need-based public assistance; support and tax collections are excluded. (Wis. Stat. § 812.34(2)).

What if I am sued on an old debt in Wisconsin?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.