Wisconsin Statutes
Wis. Stat. § 138.04 (2026)
Legal rate
✓ current as of July 2026
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138.04138.04 Legal rate. The rate of interest upon the loan or forbearance of any money, goods or things in action shall be $5 upon the $100 for one year and according to that rate for a greater or less sum or for a longer or a shorter time; but parties may contract for the payment and receipt of a rate of interest not exceeding the rate allowed in ss. 138.041 to 138.056, 138.09 to 138.14, 218.0101 to 218.0163, or 422.201, in which case such rate shall be clearly expressed in writing.
138.04 AnnotationA creditor is entitled to interest on a liquidated claim from the time payment was due by the terms of the contract and, if no time is specified, then from the time demand was made or from commencement of the action. Estreen v. Bluhm, 79 Wis. 2d 142, 255 N.W.2d 473 (1977).
138.04 AnnotationA merchant who first informed the customer of the 24 percent interest to be charged on an open account in statements of the account provided after the account was opened violated s. 422.302 (2). The merchant was only entitled to interest under this section. Severson Agri-Service, Inc. v. Lander, 172 Wis. 2d 269, 493 N.W.2d 230 (Ct. App. 1992).
138.04 AnnotationThe writing expressing the interest to be charged need not be subscribed by the party charged. Advance Concrete Forms v. Mc Cann Const. 916 F.2d 412 (1990).
138.04 AnnotationPrejudgment interest in Wisconsin personal injury cases. Brennan. WBB Aug. 1983.
Notes of Decisions
Cited in 74
cases (9 in the last 5 years), 1968–2026 · leading case: Singler v. Zurich Am. Ins., 2014 WI App 108 (Wis. Ct. App. 2014).
Singler v. Zurich Am. Ins., 2014 WI App 108 (Wis. Ct. App. 2014). “However, we agree with Zurich that the circuit court should have calculated the interest due using a rate of five percent per year, pursuant to Wis. Stat. § 138.04 , instead of twelve percent.”
Burney v. Thorn Americas, Inc., 944 F. Supp. 762 (E.D. Wis. 1996). “*764 On October 19, 1994, the plaintiffs filed a class action, alleging violations of the WCA, TILA, Wis.Stat. § 138.04 (statutory limit on undisclosed interest), and the Racketeer Influenced and Corrupt Organizations Act, 18 U.”
Burney v. Thorn Americas, Inc., 970 F. Supp. 668 (E.D. Wis. 1997). “421-427, the Federal Truth in Lending Act, and Wis. Stat. § 138.04 . This order assumes familiarity with the court’s prior orders.”
Mid-State Contracting, Inc. v. Superior Floor Co., Inc., 2002 WI App 257 (Wis. Ct. App. 2002). “Superior alleges that it was never informed, verbally or in writing, about the interest rate and that failure to notify in writing violates Wis. Stat. § 138.04 . 9 The invoices contained the notation of the interest rate, and § 138.”
Calaway v. Brown Cnty., 553 N.W.2d 809 (Wis. Ct. App. 1996). “The judgment shall include legal interest on the amount so found due from the date of taking if judgment is for the condemnor, and from 14 days after the date of taking if judgment is for the condemnee.”
Ziolkowski Pat. Solutions Grp., S.C. v. Great Lakes Dart Mfg., Inc., 2011 WI App 11 (Wis. Ct. App. 2010). “Ziolkowski does not object to the award of 5% interest pursuant to Wis. Stat. § 138.04 on appeal. Therefore, in addition to affirming the circuit court's denial of the 18% interest claim, we also affirm its judgment of 5% statutory interest on the unpaid amount of legal bills.”
Boldt v. State, 305 N.W.2d 133 (Wis. 1981). “INTEREST The trial court awarded interest on the petitioner’s claim at the statutory rate set forth in sec. 138.04, Stats. 8 The state argues, however, that no interest should be paid on the claim while the petitioner insists that interest should be charged at the rate which was…”
Hegner v. Van Rossum Est., 344 N.W.2d 160 (Wis. 1984). “5 *324 Determination of Surcharge Amount Hegner contends that if an administrator is charged with interest because he or she allowed estate funds to lie idle, the appropriate interest rate to utilize in determining the surcharge amount is the 5 percent legal rate set forth in…”
In Re Disciplinary Proceedings Against Boyd, 2009 WI 59 (Wis. 2009). “See Wis. Stat. § 138.04 . Restitution shall be paid as follows: to R.”
Murray v. Holiday Rambler, Inc., 265 N.W.2d 513 (Wis. 1978). “Sec. 138.04, Stats. 1973. The plaintiffs argue that defendants have waived the right to raise this argument because they failed to object to the instruction at trial.”
In the Matter of Disciplinary Proceedings Against Boyd, 2010 WI 41 (Wis. 2010). “See Wis. Stat. § 138.04 . Restitution shall be paid as follows: A.”
Afram Exp. Corp., a Wisconsin Corp. v. Metallurgiki Halyps, S.A., a Foreign Corp., 772 F.2d 1358 (7th Cir. 1985). “Anastassopoulos failed to appear; and this cannot be considered a willful default by Metallurgiki. Thus we affirm the judgment of the district court except with respect to the denial of prejudgment interest to Afram, as to which we remand the case for a determination of the…”
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