Wisconsin Statutes

Wis. Stat. § 425.307 (2026)

Limitation of action

✓ current as of July 2026

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425.307425.307 Limitation of action.

425.307(1)(1) Any action brought by a customer to enforce rights pursuant to chs. 421 to 427 shall be commenced within one year after the date of the last violation of chs. 421 to 427, 2 years after consummation of the agreement or one year after last payment, whichever is later, except with respect to transactions pursuant to open-end credit plans which shall be commenced within 2 years after the date of the last violation; but no action may be commenced more than 6 years after the date of the last violation.

425.307(2)(2) Rights under chs. 421 to 427 may be asserted as a defense, setoff or counterclaim to an action against the customer without regard to this time limitation.

425.307 HistoryHistory: 1971 c. 239; 1979 c. 89.

425.307 AnnotationRegardless of the reason the six-year limitations period was included, the language of the statute makes it clear that the six-year deadline is not a way for a plaintiff to avoid the deadlines in the first part of the statute. That part of the statute says that a lawsuit “shall be commenced” within one or two years of certain events. In other words, if the plaintiff is a customer and he cannot meet the limitations periods in the first part of the statute, the plaintiff cannot rely on the last part of the statute to extend his limitations period. McDonough v. WESTconsin Credit Union, 97 F. Supp. 3d 1040 (2015).

Notes of Decisions

Cited in 10 cases (3 in the last 5 years), 1983–2025 · leading case: Brunton v. Nuvell Credit Corp., 2010 WI 50 (Wis. 2010).

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Brunton v. Nuvell Credit Corp., 2010 WI 50 (Wis. 2010). · cites it 4× “However, the one year statute of limitations applicable here, see Wis. Stat. § 425.307 (1), prevents Brunton from re-filing this action in the proper county, thereby avoiding duplicative efforts by the circuit courts.”

Mercado v. GE Money Bank, 2009 WI App 73 (Wis. Ct. App. 2009). · cites it 6× “29 , Mercado and Terry assert that Wis. Stat. § 425.307 (1) supports their position that they can maintain a separate cause of action for alleged WCA violations.”

Kirk v. Credit Acceptance Corp., 2013 WI App 32 (Wis. Ct. App. 2013). · cites it 2× “]" The "violation" Kirk claims is the filing of the deficiency action itself, either because Credit Acceptance filed the deficiency without providing Kirk with the requisite Notice of Right to Cure, a violation of Wis.”

Patzka v. Viterbo Coll., 917 F. Supp. 654 (W.D. Wis. 1996). · cites it 4× “Wis.Stat. § 425.307(1) provides: (1) Any action brought by a customer to enforce rights pursuant to chs.”

Assocs. Fin. Servs. Co. v. Hornik, 336 N.W.2d 395 (Wis. Ct. App. 1983). · cites it 3× “Section 425.307 provides : Limitation of action.”

Hoppe v. Smithkline Beecham Corp., 437 F. Supp. 2d 331 (E.D. Pa. 2006). “See Wis. Stat. Ann. § 425.307 (providing that an action must be commenced within one year after the date of the last violation, two years after consummation of the agreement, or one year after the last payment).”

McDonough v. Westconsin Credit Union, 97 F. Supp. 3d 1040 (W.D. Wis. 2015). · cites it 6× “Wisconsin Consumer Act The limitations period for claims brought under the Wisconsin Consumer Act is set out in Wis. Stat. § 425.307 (1): Any action brought by a customer to enforce rights pursuant to chs.”

Landmark Credit Union v. Ralph W. Streuly (Wis. Ct. App. 2025). · cites it 2× “§ 425.307(1)’s statute of limitations for actions brought pursuant to WIS.”

Flowers, Angela v. Kia Motor Fin. (W.D. Wis. 2023). “As Flowers’ acknowledges, however, this court rejected a substantially similar argument in a previous decision, holding that § 425.307 does not “allow a timely claim based on one set of activities .”

— Wis. Stat. § 425.307(1) — 5 cases

Patzka v. Viterbo Coll., 917 F. Supp. 654 (W.D. Wis. 1996). “Wis.Stat. § 425.307(1) provides: (1) Any action brought by a customer to enforce rights pursuant to chs.”

Mercado v. GE Money Bank, 2009 WI App 73 (Wis. Ct. App. 2009). “29 , Mercado and Terry assert that Wis. Stat. § 425.307 (1) supports their position that they can maintain a separate cause of action for alleged WCA violations.”

McDonough v. Westconsin Credit Union, 97 F. Supp. 3d 1040 (W.D. Wis. 2015). “Wisconsin Consumer Act The limitations period for claims brought under the Wisconsin Consumer Act is set out in Wis. Stat. § 425.307 (1): Any action brought by a customer to enforce rights pursuant to chs.”

Landmark Credit Union v. Ralph W. Streuly (Wis. Ct. App. 2025). “§ 425.307(1)’s statute of limitations for actions brought pursuant to WIS.”

— Wis. Stat. § 425.307(2) — 1 case

Assocs. Fin. Servs. Co. v. Hornik, 336 N.W.2d 395 (Wis. Ct. App. 1983). “Section 425.307 provides : Limitation of action.”

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