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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.

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Default rate when the contract is silent

Wis. Stat. § 138.04

5%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.

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Sources for this entry

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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