Wisconsin Statutes
Wis. Stat. § 422.203 (2026)
Delinquency charges
✓ current as of July 2026
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422.203(1)(1) With respect to a consumer credit transaction other than one pursuant to an open-end credit plan, the parties may agree to a delinquency charge on any installment not paid in full on or before the 10th day after its scheduled or deferred due date in an amount not to exceed $10 or 5 percent of the unpaid amount of the installment, whichever is less.
422.203(2)(2) No delinquency charge may be collected on an installment which is paid in full on or before the 10th day after its scheduled or deferred due date even though an earlier maturing installment or a delinquency charge on an earlier installment may not have been paid in full. For purposes of this subsection payments are applied first to current installments and then to delinquent installments.
422.203(3)(3) A delinquency charge under sub. (1) may be collected only once on an installment however long it remains in default. A delinquency charge may not be collected for a late installment if, with respect to that installment, there has been a deferral.
422.203(4)(a)(a) With respect to a consumer credit transaction, interest after the final scheduled maturity date may not exceed the greater of either 12 percent per year or the annual rate of finance charge assessed on that transaction if the transaction is entered into on or after April 6, 1980 and prior to November 1, 1981, and may not exceed the maximum rate permitted by s. 138.05 (1) (a), if the transaction is entered into prior to April 6, 1980, but if such interest is charged no delinquency charge may be taken on the final scheduled installment.
422.203(4)(c)(c) With respect to a consumer credit transaction, interest after the final scheduled maturity date shall not exceed the greater of either 12 percent per year or the annual rate of finance charge assessed on that transaction if the transaction is entered into on or after November 1, 1981, but if interest is charged no delinquency charge may be taken on the final scheduled installment.
422.203 AnnotationA fee that is required in order to allow the reinstatement of payments after a default is a delinquency charge. Burny v. Thorn, 944 F. Supp. 762 (1996).
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1979–2023 · leading case: Burney v. Thorn Americas, Inc., 944 F. Supp. 762 (E.D. Wis. 1996).
Burney v. Thorn Americas, Inc., 944 F. Supp. 762 (E.D. Wis. 1996). “Wis.Stat. § 422.203. The plaintiffs argue that Rent-a-Center’s reinstatement fee is a delinquency fee.”
Burney v. Thorn Americas, Inc., 970 F. Supp. 668 (E.D. Wis. 1997). “On October 29, 1996, the court modified the class and granted partial summary judgment in favor of the plaintiffs on the following grounds: (1) the rent-to-own transactions were consumer credit sales under the Wisconsin Consumer Act; (2) the reinstatement fee was a delinquency…”
Shea v. Grafe, 274 N.W.2d 670 (Wis. 1979). “” (3) The sales contract violated the Wisconsin Consumer Act in the following respects: (a) The contract provided for a delinquency charge of $5 or 5 percent of an installment, in excess of the $3/3 percent maximum allowed under sec. 422.203, Stats.; (b) The contract provided…”
Crown Asset Mgmt., LLC assignee of Citibank N.A. v. David H. Albahrani (Wis. Ct. App. 2022). “§ 422.203 and as it is used in WIS. STAT.”
Palacios v. ABC TV & Stereo Rental of Milwaukee, Inc., 365 N.W.2d 882 (Wis. Ct. App. 1985). “, prohibiting a waiver in the agreement authorizing the merchant to enter the customer’s dwelling to take possession of the property upon default and further waiving any right of action against the merchant that may accrue from the repossession; and sec. 422.203(1), Stats.,…”
CITIBANK, N.A. v. Jean Pierre Riffard (Wis. Ct. App. 2023). “§ 422.203 “provides the relevant authority regarding ‘delinquency charges’ throughout the WCA.”
— Wis. Stat. § 422.203(1) — 4 cases
Burney v. Thorn Americas, Inc., 944 F. Supp. 762 (E.D. Wis. 1996). “Wis.Stat. § 422.203. The plaintiffs argue that Rent-a-Center’s reinstatement fee is a delinquency fee.”
Palacios v. ABC TV & Stereo Rental of Milwaukee, Inc., 365 N.W.2d 882 (Wis. Ct. App. 1985). “, prohibiting a waiver in the agreement authorizing the merchant to enter the customer’s dwelling to take possession of the property upon default and further waiving any right of action against the merchant that may accrue from the repossession; and sec. 422.203(1), Stats.,…”
Crown Asset Mgmt., LLC assignee of Citibank N.A. v. David H. Albahrani (Wis. Ct. App. 2022). “§ 422.203 and as it is used in WIS. STAT.”
CITIBANK, N.A. v. Jean Pierre Riffard (Wis. Ct. App. 2023). “§ 422.203 “provides the relevant authority regarding ‘delinquency charges’ throughout the WCA.”
— Wis. Stat. § 422.203(2) — 1 case
Crown Asset Mgmt., LLC assignee of Citibank N.A. v. David H. Albahrani (Wis. Ct. App. 2022). “§ 422.203 and as it is used in WIS. STAT.”
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