Wisconsin Legal Questions & Answers
72 plain-English answers to common Wisconsin law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in Wisconsin?
Wisconsin property owners must first request an Open Book review with the local assessor, then file a written objection with the Board of Review (BOR) under Wis. Stat. § 70.47…
- How does the lemon law process work in Wisconsin?
Wisconsin's Lemon Law, Wis. Stat. § 218.0171, is one of the most consumer-friendly: presumption arises after 4 repair attempts on the same defect or 30+ cumulative days out of…
- How much of my wages can be garnished in Wisconsin?
Wisconsin is stricter than federal. Under Wis. Stat. § 812.34, garnishment is capped at the lesser of 20% of disposable earnings OR the amount above 30 times the federal minimum…
- How do I file a construction lien in Wisconsin?
GC must give residential owner Notice within 10 days of contract. Subs serve 60-day Notice of Intention to File Lien on owner and identify themselves to GC. File Claim for Lien in…
- What is the personal injury statute of limitations in Wisconsin?
Wisconsin provides 3 years for personal injury under Wis. Stat. § 893.54. Medical malpractice is 3 years from injury or 1 year from discovery, with a 5-year repose (§ 893.55)…
- How does small claims court work in Wisconsin?
Wisconsin small claims handles disputes up to $10,000 ($5,000 for tort claims) under Wis. Stat. § 799.01. Filing fee is $94.50. Attorneys are permitted. Most cases are resolved at…
- How do I set aside a default judgment in Wisconsin?
Move under Wis. Stat. § 806.07 within a reasonable time, and within one year for mistake, inadvertence, surprise, or excusable neglect. Wisconsin courts apply a five-factor…
- Who is liable if a dog bites me in Wisconsin?
Wisconsin imposes strict liability under Wis. Stat. § 174.02. Owners are liable for full damages caused by their dog without scienter. If the owner had notice of a prior injury…
- What can I do if I'm a victim of identity theft in Wisconsin?
Wisconsin classifies identity theft as a Class H felony (up to 6 years) under Wis. Stat. § 943.201. Credit freezes are free under federal law. Civil action under § 895.446 allows…
- How does comparative fault work in Wisconsin?
Wisconsin follows modified comparative fault with a 51% bar under Wis. Stat. § 895.045 — plaintiffs whose negligence is greater than that of the person against whom recovery is…
- How do I file a public records request in Wisconsin?
Wisconsin's Public Records Law (Wis. Stat. §§ 19.31-19.39) requires agencies to respond as soon as practicable and without delay. Copy fees are limited to actual cost; location…
- What is the statute of limitations for contract claims in Wisconsin?
Wisconsin gives 6 years to sue on both written and oral contracts under Wis. Stat. § 893.43. UCC sale-of-goods claims have a 6-year SOL under Wis. Stat. § 402.725 (Wisconsin…
- What money in my bank account is protected from creditors in Wisconsin?
Wisconsin protects $5,000 of depository accounts under Wis. Stat. § 815.18(3)(k) plus 80% of wages under § 425.106. Federal benefits get automatic two-month protection. Debtor…
- How do I appeal a denied Social Security disability claim in Wisconsin?
Wisconsin's Disability Determination Bureau (DDB), within the Department of Health Services, handles initial SSDI/SSI reviews from Madison. 60-day deadline each level. Wisconsin…
Employment (10)
- What is the minimum wage in Wisconsin?
Wisconsin's minimum wage is $7.25/hour, equal to the federal floor, under Wis. Stat. § 104.035 and DWD Chapter 272. The tipped minimum cash wage is $2.33/hour. Wisconsin preempts…
- How do I file a workers compensation claim in Wisconsin?
Wisconsin workers' comp is governed by Wis. Stat. Chapter 102 and administered by the Worker's Compensation Division of the Department of Workforce Development (DWD). Notify your…
- How do I file for unemployment benefits in Wisconsin?
File online at my.unemployment.wisconsin.gov. Wisconsin pays $54-$370/week for up to 26 weeks. Need 4 weekly base-period earnings of 30× the WBA and 4× the WBA outside the high…
- What is wrongful termination in Wisconsin?
Wisconsin is an at-will state with a narrow public policy exception under Brockmeyer v. Dun & Bradstreet (1983). The Wisconsin Fair Employment Act (Wis. Stat. § 111.31) prohibits…
- How do I file a workers' compensation claim in Wisconsin?
Notify your employer within 30 days (Wis. Stat. § 102.12) and file an Application for Hearing with the Department of Workforce Development within 2 years (§ 102.17(4)). The…
- Can I sue for wrongful termination in Wisconsin?
Wisconsin is at-will but recognizes a narrow Brockmeyer public-policy exception. WFEA (Wis. Stat. § 111.31) provides discrimination remedies through Equal Rights Division, and…
- What are my rights against workplace harassment in Wisconsin?
The Wisconsin Fair Employment Act (Wis. Stat. § 111.31) covers all employers (1+ employee) and is enforced by the Equal Rights Division of the DWD. WFEA applies a 'substantially…
- Can my employer drug test me in Wisconsin?
Wisconsin has no comprehensive private-employer drug-testing statute. The state has not legalized recreational marijuana. Wis. Stat. § 111.35 (Wisconsin Fair Employment Act)…
- Are non-compete agreements enforceable in Wisconsin?
Wisconsin enforces non-competes under Wis. Stat. § 103.465 only if reasonably necessary to protect the employer, reasonable in time and territory, not harsh or oppressive to the…
- How do I appeal an unemployment insurance denial in Wisconsin?
The Wisconsin Department of Workforce Development (DWD), Division of Unemployment Insurance, administers UI under Wis. Stat. Ch. 108. Appeals must be filed within 14 days of the…
Family (9)
- How do I file for divorce in Wisconsin?
Wisconsin requires 6-month state and 30-day county residency. It is a pure no-fault state requiring only that the marriage is irretrievably broken. File a Summons and Petition…
- How is child custody decided in Wisconsin?
Wisconsin uses 'legal custody' (decision-making) and 'physical placement' (where the child lives) under Wis. Stat. § 767.41. Both are presumptively shared/joint unless rebutted…
- How does alimony work in Wisconsin?
Wisconsin calls it 'maintenance' under Wis. Stat. § 767.56. As a community property state, courts first divide marital property equally (§ 767.61), then award maintenance based on…
- How is child support calculated in Wisconsin?
Wisconsin uses a Percentage of Income Standard under DCF Chapter 150 and Wis. Stat. § 49.22(9): 17% of gross income for 1 child, 25% for 2, 29% for 3, 31% for 4, 34% for 5+…
- How do I get a marriage license in Wisconsin?
Apply at the Wisconsin county clerk in the county where one party has resided for at least 30 days, or for non-residents the county where the wedding will be held (Wis. Stat. §…
- How do I establish paternity in Wisconsin?
Wisconsin parents may sign a Voluntary Paternity Acknowledgment under Wis. Stat. § 767.805 that is conclusive of paternity. Court actions proceed in circuit court under Wis. Stat…
- How does the adoption process work in Wisconsin?
Wisconsin adoptions are governed by Wis. Stat. Ch. 48 (subch. VIII, §§ 48.81-48.92). A voluntary TPR consent under § 48.41 cannot be executed before birth and is irrevocable once…
- Are prenuptial agreements enforceable in Wisconsin?
Wisconsin has NOT adopted the UPAA. Prenups (called 'marital property agreements') are governed by Wis. Stat. § 766.58 within the Marital Property Act. They must be in writing…
- How do I get a restraining order in Wisconsin?
Wisconsin offers four civil injunctions under Wis. Stat. § 813: Domestic Abuse (813.12), Child Abuse (813.122), Harassment (813.125), and Individual at Risk (813.123). Ex parte…
Criminal (9)
- What are OWI penalties in Wisconsin?
Wisconsin is unique: a first OWI under Wis. Stat. § 346.63 is a CIVIL forfeiture (not a crime), with $150-$300 fine, 6-9 month license revocation, IID if BAC .15+, and no jail. A…
- How do I get a concealed carry permit in Wisconsin?
Wisconsin issues a Concealed Carry Weapon (CCW) license through the Department of Justice under Wis. Stat. § 175.60. You must be 21+, complete a training course, and pay $40…
- What are the search warrant requirements in Wisconsin?
Wisconsin search warrants are governed by Wis. Stat. § 968.10 et seq. A sworn affidavit of probable cause must be presented to a judge. § 968.14 codifies knock-and-announce…
- Can I legally record a phone call or conversation in Wisconsin?
Wisconsin is a one-party consent state under Wis. Stat. § 968.31. A party to the conversation, or someone with consent of one party, may record. Unauthorized interception is a…
- How does bail work in Wisconsin?
Wisconsin governs bail under Wis. Stat. Ch. 969. Cash bail traditionally limited; the 2023 constitutional amendment (Ratified April 2023) expanded factors courts may consider…
- How does plea bargaining work in Wisconsin?
Wisconsin plea procedure is governed by Wis. Stat. § 971.08 and the Bangert/Hampton line of cases. Guilty, no contest, and Alford pleas are recognized. Pre-sentence withdrawal…
- How do I sue police for misconduct in Wisconsin?
42 U.S.C. § 1983 is the federal vehicle. Wisconsin has not abolished QI and has no parallel civil-rights act. Wis. Stat. § 893.80 requires 120-day notice and caps damages at…
- When can a private citizen make a citizen's arrest in Wisconsin?
Wisconsin recognizes a common-law citizen's arrest doctrine. A private person may arrest for a felony committed in their presence, or with reasonable grounds where a felony has…
- What pretrial diversion or drug court programs exist in Wisconsin?
Wisconsin offers prosecutor deferred prosecution agreements (DPAs), expunction under Wis. Stat. § 973.015 for under-25 offenders, Treatment Alternatives and Diversion (TAD) grants…
Housing (8)
- What are tenant rights in Wisconsin?
Wisconsin has no security deposit cap, requires return within 21 days, mandates 5-day pay-or-cure notice for nonpayment (or 14-day for repeat violations), and imposes habitability…
- What is the eviction process in Wisconsin?
Wisconsin requires a 5-day notice for nonpayment for tenancies under one year under Wis. Stat. § 704.17 and a 14-day unconditional quit for second offenses. Landlord files in…
- What must a home seller disclose in Wisconsin?
Wisconsin Statutes § 709.02 require owners of residential property (1-4 units) to deliver a Real Estate Condition Report to prospective buyers within 10 days after acceptance of a…
- How do I dispute a security deposit return in Wisconsin?
Wisconsin landlords must return the deposit within 21 days of move-out (Wis. Admin. Code ATCP 134.06) with an itemized statement of any deductions. Failure to comply exposes the…
- How do I dispute an HOA assessment or fine in Wisconsin?
Wisconsin condominiums are governed by the Wisconsin Condominium Ownership Act (Wis. Stat. Ch. 703); HOAs lack a comprehensive statute and follow recorded restrictive covenants…
- What is the eviction process in Wisconsin?
Wisconsin uses Eviction (small claims) under Wis. Stat. Ch. 799 and § 704.17. Nonpayment requires a 5-day pay-or-quit (or 14-day unconditional notice); second nonpayment in 12…
- What can I do if my landlord won't fix uninhabitable conditions in Wisconsin?
Wisconsin's ATCP 134 (Residential Rental Practices) plus Wis. Stat. § 704.07 impose habitability duties. Tenants may terminate, abate rent, or sue under Wis. Stat. § 100.20(5) for…
- How do I resolve an easement or boundary dispute in Wisconsin?
Wisconsin adverse possession requires 20 years (Wis. Stat. § 893.25), 10 years with founding written instrument (§ 893.26), or 7 years with founding written instrument plus tax…
Estate (8)
- How do I make a valid will in Wisconsin?
Wisconsin requires the testator to be 18+ and of sound mind (Wis. Stat. § 853.01). The will must be in writing, signed by the testator and 2 witnesses within a reasonable time (§…
- How do I create a power of attorney in Wisconsin?
Wisconsin adopted the Uniform Power of Attorney Act effective Sept. 1, 2010, codified at Wis. Stat. Ch. 244. POA must be signed by the principal and acknowledged before a notary…
- How does probate work in Wisconsin?
Wisconsin probate typically takes 6-12 months under Wis. Stat. Chapters 851-879. Wisconsin has not adopted the UPC. Transfer by Affidavit is available for estates not exceeding…
- Can I disinherit my spouse or child in Wisconsin?
Wisconsin is a marital-property state (its version of community property under Wis. Stat. ch. 766). Each spouse owns one-half of marital property automatically. Wisconsin also…
- How do I petition for guardianship or conservatorship in Wisconsin?
Wisconsin uses 'guardian of the person' and 'guardian of the estate' for adults under Wis. Stat. Ch. 54 and minors under Ch. 48 and 880. Adults also may have a voluntary…
- How do I create an advance healthcare directive in Wisconsin?
Wisconsin recognizes Declaration to Physicians (Wis. Stat. § 154 — living will) and Power of Attorney for Health Care (Wis. Stat. § 155). Two witnesses required for each; agent…
- How do I file a quitclaim deed in Wisconsin?
Wisconsin quitclaim deeds need grantor signature and notarial acknowledgment (Wis. Stat. §§ 706.02, 706.07); no witnesses required if notarized. Record with the county Register of…
- What is the homestead exemption in Wisconsin and how do I claim it?
Wisconsin's creditor homestead is $75,000 per debtor / $150,000 joint (Wis. Stat. § 815.20). Wisconsin Homestead Credit (Ch. 71) refunds up to $1,168 for low-income…
Traffic (6)
- How do I fight a parking ticket in Wisconsin?
Wisconsin parking tickets are governed by Wis. Stat. § 346.50 and city ordinances. Milwaukee uses the Department of Public Works with 28 days to contest; Madison uses the City…
- How long do I have to register a vehicle in Wisconsin?
Wisconsin requires registration within 2 business days of purchase (or 30 days for new residents) under Wis. Stat. § 341.04. Documents include title, proof of insurance…
- How do I get my driver's license reinstated in Wisconsin?
Wisconsin charges $60 standard reinstatement and $200 for OWI (Wis. Stat. § 343.21). After OWI, SR-22 is required for 3 years and Ignition Interlock for 1 year minimum (Wis. Stat…
- How do I fight a speeding ticket in Wisconsin?
Wisconsin drivers can pay, request a court appearance, or contest at trial under Wis. Stat. § 346.57. Most speeding is a civil forfeiture (non-criminal). DOT demerit points range…
- What are the open container laws in Wisconsin?
Wisconsin Stat. § 346.935 prohibits drivers and passengers from possessing an open intoxicating-beverage container in the passenger area of a motor vehicle on a highway…
- What happens if I get an OWI in Wisconsin?
Wis. Stat. § 346.63 (called OWI - Operating While Intoxicated) sets per se at 0.08% BAC (0.04% commercial, 0.00% under-21). Wisconsin is the only state where a FIRST OWI is a…
Civil Procedure (4)
- What is the small claims limit in Wisconsin?
Wisconsin small claims court hears cases up to $10,000 (no limit for evictions or replevin) under Wis. Stat. § 799.01. Filing fees are $94.50. Lawyers may appear. Cases are filed…
- What is the statute of limitations in Wisconsin?
Wisconsin civil limitations: personal injury 3 years (Wis. Stat. § 893.54), written contract 6 years (§ 893.43), oral contract 6 years (§ 893.43), property damage 6 years for…
- How do I get out of jury duty in Wisconsin?
Wisconsin requires US citizens, 18+, county residents under Wis. Stat. § 756.02. Hardship excusals are available. Pay varies by county; state minimum is $16/day plus mileage…
- How do I legally change my name in Wisconsin?
File a Petition for Name Change in the circuit court of your county (Wis. Stat. § 786.36), pay approximately $164 in filing fees, publish notice in a local newspaper once a week…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.