Wisconsin Statutes

Wis. Stat. § 18.13 (2026)

Suits against the state

✓ current as of July 2026
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18.1318.13Suits against the state.
18.13(1)(1)In general. This section and ss. 18.14 and 18.15 shall govern all civil claims, suits, proceedings and actions respecting public debt notwithstanding any contrary provision of the statutes.
18.13(2)(2)To recover a debt. If the state fails to pay any public debt in accordance with its terms, an action to compel such payment may be commenced against the state in accordance with s. 801.02. The plaintiff shall serve an authenticated copy of the summons and complaint on the attorney general by leaving the copies at the attorney general’s office in the capitol with an assistant or clerk. The place of trial of such an action shall be as provided in s. 801.50.
18.13(3)(3)Judgment. Sections 16.53 and 775.01 shall not apply to such claims for payment of a public debt. If there is final judgment against the state in such action, it shall be paid as provided in s. 775.04 together with interest thereon at the rate of 10 percent per year from the date such payment was judged to have been due until the date of payment of such judgment.
18.13 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 575, 749 (1975); 1975 c. 218; 1979 c. 32 s. 92 (5); 1979 c. 110 s. 60 (13); 1983 a. 228 s. 16; 1983 a. 410; 1995 a. 27; 1997 a. 27.
Notes of Decisions
Cited in 5 cases, 1994–2018 · leading case: Wisconsin Auto Title Loans, Inc. v. Jones, 2006 WI 53 (Wis. 2006).
Wisconsin Auto Title Loans, Inc. v. Jones, 2006 WI 53 (Wis. 2006). · cites it 2× “8 Lord, supra note 15, § 18.13, at 84-85. [47] Clark Oil & Ref. Corp.”
184 Windsor Avenue, LLC. v. State, 875 A.2d 498 (Conn. 2005). “ex contractu and ex delicto, against the State or any of its agencies, which the State as a sovereign commonwealth should in equity and good conscience discharge and pay”); Wis. Stat. § 18.13 (2) (2004) (“[i]f the state fails to pay any public debt in accordance with its terms,…”
Lake Country Racquet & Athletic Club, Inc. v. Vill. of Hartland, 2002 WI App 301 (Wis. Ct. App. 2002). “" 2 Pursuant to § 18.13 of the Village Code of Ordinances, "impact fees" are defined as "cash contributions, contributions of land or interests in land or any other items of value that are imposed on a Developer by the Village.”
Unertl v. Dane Cnty., 526 N.W.2d 775 (Wis. Ct. App. 1994). “5 Unertl refers to § 18.13, Dane County Ordinances, which provides that the salary of civil service employees may be reduced for just cause.”
Univ. of Wis. Oshkosh Found., Inc. v. Bd. of Regents of the Univ. of Wis. Sys. (In re Univ. of Wis. Oshkosh Found., Inc.), 592 B.R. 216 (Bankr. E.D. Wis. 2018). · cites it 2× “) On the State's reading, the fact that section 18.13(2) excuses compliance with procedures a claimant would otherwise need to follow to *227 bring an action on a claim also provides support for the idea that the legislature would not have expanded the universe of public debt to…”
— Wis. Stat. § 18.13(2) — 1 case
Univ. of Wis. Oshkosh Found., Inc. v. Bd. of Regents of the Univ. of Wis. Sys. (In re Univ. of Wis. Oshkosh Found., Inc.), 592 B.R. 216 (Bankr. E.D. Wis. 2018). “) On the State's reading, the fact that section 18.13(2) excuses compliance with procedures a claimant would otherwise need to follow to *227 bring an action on a claim also provides support for the idea that the legislature would not have expanded the universe of public debt to…”
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