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Statute of limitations on debt in Wisconsin

WISCONSIN · STATUTE-SOURCED · MAINTAINED — LAST REVIEWED AUG 2026 · FREE, NO ACCOUNT

In Wisconsin, a creditor or debt collector has 6 years to sue on a written contract, 6 years on an oral agreement, and 6 years on an open account such as a credit card (Wis. Stat. § 893.43(1); Wis. Stat. § 893.05 (expiration extinguishes the right as well as the remedy)). For medical bills, the operative number is 6 yearsWisconsin applies one 6-year period to all contract debts: Wis. Stat. § 893.43(1) covers 'any contract, obligation, or liability, express or implied, including an action to recover fees for professional services,' which expressly reaches medical/professional bills, written or not. Uniquely, when the 6 years expire the debt itself is extinguished, not just the remedy (Wis. Stat. § 893.05).

Wisconsin — statute of limitations on debt
Written contracts6 years
Oral agreements6 years
Open accounts (credit cards)6 years
Medical debt6 years
SOURCE: Wis. Stat. § 893.43(1); Wis. Stat. § 893.05 (expiration extinguishes the right as well as the remedy)

How the limitation works

  • It limits lawsuits, not the debt. A time-barred debt still exists; what expires is the collector’s ability to win in court.
  • It is a defense you must raise. Courts don’t apply it for you. If you are sued and don’t respond, the collector wins by default — even on a time-barred debt.
  • The clock usually runs from last activity — typically your last payment — not from when the debt was sold. A debt buyer inherits the original clock.
  • Threatening to sue on time-barred debt is illegal. Federal Regulation F (12 C.F.R. §1006.26) bars collectors from suing or threatening suit on time-barred debt, whether or not they knew it was time-barred.

The restart trap

Before expiry, a partial payment restarts the 6-year clock under Wisconsin case law (whose effect is preserved by Wis. Stat. § 893.48) and a new promise or acknowledgment must be in a signed writing (Wis. Stat. § 893.45) — but once the period has run the debt is extinguished under § 893.05 and no payment or promise can revive it.This is the single most expensive mistake people make with old debt: a small “good-faith” payment on a nearly-expired account can hand the collector a fresh lawsuit window. Confirm the dates before paying anything on an old account.

What to do with an old collection notice

  1. Find the date of last activity — your own bank records beat the collector’s letter.
  2. Count forward using the table above. Older than the period? The debt may be time-barred in Wisconsin.
  3. Send a written validation request — it forces the collector to document the debt and pauses collection until it does (15 U.S.C. §1692g). Generate it free →
  4. Do not acknowledge the debt in writing or pay anything until you know where the clock stands.
  5. If you’re sued, respond by the deadline and raise the statute of limitations. Your state’s legal aid can help free: Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), Bureau of Consumer Protection (Wisconsin's primary consumer-complaint agency, working with the Wisconsin DOJ).

Wisconsin’s own collection law

The Wisconsin Consumer Act — debt collection chapter (Wis. Stat. ch. 427 (prohibited practices at § 427.104)) Chapter 427 of the Wisconsin Consumer Act prohibits harassment, threats, misrepresentation, and other abusive collection practices in consumer credit transactions, applies to original creditors as well as third-party collectors, and gives consumers damages remedies under ch. 425. Yes — collection agencies must be licensed by the Wisconsin Department of Financial Institutions and bonded under Wis. Stat. § 218.04.

Common questions

What is the statute of limitations on debt in Wisconsin?

Wisconsin allows 6 years to sue on written contracts, 6 years on oral agreements, and 6 years on open accounts such as credit cards (Wis. Stat. § 893.43(1); Wis. Stat. § 893.05 (expiration extinguishes the right as well as the remedy)). Medical debt is generally treated as a written contract here — 6 years.

When does the clock start?

Generally from the date of default or last activity on the account — commonly the last payment or charge — not from when the debt was sold to a collector. Selling a debt does not reset the statute of limitations.

Does paying something on an old debt restart the statute of limitations in Wisconsin?

Before expiry, a partial payment restarts the 6-year clock under Wisconsin case law (whose effect is preserved by Wis. Stat. § 893.48) and a new promise or acknowledgment must be in a signed writing (Wis. Stat. § 893.45) — but once the period has run the debt is extinguished under § 893.05 and no payment or promise can revive it.

Can a collector still contact me about a time-barred debt?

Yes — the statute of limitations limits lawsuits, not requests to pay. However, under federal Regulation F (12 C.F.R. §1006.26), a collector may not sue or threaten to sue on a time-barred debt — the ban applies whether or not the collector knew the debt was too old.

What should I do if I get sued on an old debt?

Respond by the court deadline — never ignore a summons, because a default judgment revives everything. If the debt is older than the limitations period, raise the statute of limitations as an affirmative defense in your answer. Many defendants win on this alone.

How is a judgment different?

Once a creditor wins a judgment, a separate and much longer enforcement period applies, and judgments can often be renewed. That is why responding before judgment matters more than anything else on this page.

Keep reading

Legal information, not legal advice. Statutes change and courts interpret them — for advice on your situation, talk to a lawyer or your state’s legal aid office. Last reviewed AUG 2026.

Old debt has rules. Use them.

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