WI · compiled 2026-07-17
Wisconsin late fee law
When a contract is silent, Wisconsin's legal interest rate is 5% per year (Wis. Stat. § 138.04). The details, including what you may agree to instead, are below with citations.
Default rate when the contract is silent
Wis. Stat. § 138.045%per year
Attaches to the debt by operation of law when you agreed no rate, so it accrues before any lawsuit and can be stated on a demand letter.
The legal rate of interest on the loan or forbearance of money, goods, or things in action is $5 upon $100 for one year (5% per annum) unless a different rate is clearly expressed in writing. The official docs.legis.wisconsin.gov site was unreachable from this environment; text corroborated via search excerpts of the official statute plus secondary sources - verify against docs.legis.wisconsin.gov with counsel.
Agreed (contract) rates and caps
Wis. Stat. §§ 138.04, 138.05(1), 138.05(5)Parties may contract in writing for a different rate (§ 138.04, subject to the caps in ss. 138.041-138.056 etc.). The general 12% usury ceiling in § 138.05(1) expressly does not apply to loans to corporations or limited liability companies (§ 138.05(5)), so most B2B/entity credit is effectively uncapped; credit to individuals/sole proprietors may still fall under § 138.05 or the Wisconsin Consumer Act (consumer purposes only) - verify with counsel.
Prompt payment act
Wis. Stat. §§ 16.528, 66.0135 (rate per § 71.82(1)(a))public
State agencies must pay within 30 days of receipt of a properly completed invoice (or of the goods/services, if later); late payments accrue interest at the rate specified in § 71.82(1)(a) (12% per year), compounded monthly (Wis. Stat. § 16.528). The same rate applies to late payments by municipalities and local governmental units under § 66.0135. No general private-commercial prompt-payment act found.
Late-fee notes
No distinctive Wisconsin statute on flat late fees for commercial invoices was found; default principles apply - agreed late fees enforceable if reasonable, subject to the liquidated-damages/penalty doctrine. The corporate/LLC exemption in § 138.05(5) largely removes usury-recharacterization risk for late charges on invoices to entity customers.
Compute a late fee on a real invoice under Wisconsin context, derivation shown, citation alongside.
Calculator, prefilled for WISources for this entry
- https://docs.legis.wisconsin.gov/statutes/statutes/138/04
- https://docs.legis.wisconsin.gov/statutes/statutes/138/05
- https://law.justia.com/codes/wisconsin/chapter-16/section-16-528/
- https://law.justia.com/codes/wisconsin/chapter-66/section-66-0135/
- https://doa.wi.gov/Pages/StateFinances/Prompt-Payment-Law.aspx
Not legal advice
Informational summary of state and federal statutes as researched on the sources listed per entry; not legal advice - verify current law with licensed counsel before relying on any rate or citation.
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Chasing invoices in Wisconsin?
Duebay applies these rules automatically: fees computed from your agreed terms, the citation shown, and reminder sequences that escalate on schedule.