What is the statute of limitations for contract claims in Wisconsin?

1. Written Contracts

Wisconsin Statutes § 893.43 provides a 6-year SOL for actions upon any contract, obligation, or liability, express or implied.

2. Oral Contracts

Section 893.43 also applies a 6-year SOL to oral contracts. Wisconsin treats both contract types identically.

3. Sealed Instruments / Promissory Notes

Wisconsin abolished the sealed-instrument distinction. Promissory notes use the 6-year SOL.

4. Sale of Goods (UCC Article 2)

Wis. Stat. § 402.725 imposes a 6-year SOL on breach-of-sales claims from tender of delivery. Wisconsin uniquely extended the standard UCC 4-year period to 6 years to align with general contract SOL. Parties may shorten to 1 year by original agreement.

5. Open Account / Account Stated

Open accounts use the 6-year SOL under § 893.43. The clock runs from the last item charged.

6. Accrual Rule

The cause accrues at breach. Each missed installment under an installment contract starts its own SOL.

7. Discovery Rule for Fraudulent Concealment

Wisconsin applies the discovery rule for fraud-based claims under Hansen v. A.H. Robins, Inc. Wis. Stat. § 893.93(1m) tolls SOL for fraudulent concealment.

8. Tolling

Wis. Stat. § 893.16 tolls for minority and mental illness. SCRA tolls for active military service. Defendant absence from Wisconsin may toll under § 893.15.

9. Contractual Modification of SOL

Wisconsin permits reasonable contractual shortening of SOL. Extensions are generally unenforceable before accrual.

10. Borrowing Statute

Wis. Stat. § 893.07 borrows the shorter SOL when the cause of action accrued in another state.

This is legal information, not legal advice.