Wisconsin Credit Card Debt: Statute of Limitations & Laws (2026)

Wisconsin’s 6-year period and the Consumer Act

Credit card debt in Wisconsin is governed by both the general contract limitations period and the Wisconsin Consumer Act (chapter 421 to 427). Wisconsin Statute § 893.43 sets a 6-year limitations period for written contracts, running from the date of the cardholder’s last payment or last written acknowledgment. The Wisconsin Consumer Act adds protections for “consumer credit transactions” and requires creditors to send specific pre-litigation notices.

The Wisconsin Supreme Court in Beal Bank, SSB v. Sommer confirmed that credit card collection actions are subject to the 6-year limitations period. The 20-year judgment period under Wis. Stat. § 893.40 applies after a judgment is entered, but not to the original collection action.

Marital property changes the liability calculus

Wisconsin is one of nine community property (called “marital property” in Wisconsin) states. Chapter 766 of the Wisconsin Statutes treats most property and most debt acquired during marriage as marital property. The consequences for credit card debt:

• A credit card account opened by one spouse during marriage is presumed to be a marital obligation under Wis. Stat. § 766.55.
• The other spouse’s marital property (jointly held assets, jointly accumulated wages) is reachable to satisfy the debt even if the other spouse never signed the cardholder agreement.
• The other spouse’s separate property (pre-marriage assets, gifts, inheritances kept separate) is NOT reachable.
• The other spouse’s individual earnings during marriage become marital property six months after deposit unless segregated by a marital property agreement.

The Wisconsin State Bar Marital Property Reform Act primer describes the rules in detail. A non-signing spouse who wants to protect their earnings should consider a marital property agreement under Wis. Stat. § 766.58.

The 20 percent garnishment cap and poverty exemption

Wisconsin Statute § 812.34 caps earnings garnishment at 20 percent of disposable earnings, stricter than the federal 25 percent. Wisconsin also requires the creditor to send a pre-garnishment Earnings Garnishment Notice that lists the exemptions:

• 20 percent base cap on disposable earnings
• Below-poverty-line exemption: if 20 percent would put household income below the federal poverty line, garnishment is limited to the income excess
• Public assistance exemption
• 30 times the federal minimum wage floor (217.50 dollars per week)

The debtor has 5 business days from the notice to claim exemptions on a state-provided form. The Wisconsin Court System CV-424 form (Earnings Garnishment Debtor’s Answer) walks through the exemption claims.

Settlement math for a Wisconsin cardholder with an 8,300 dollar judgment

A Milwaukee County resident with an 8,300 dollar credit card judgment earning 780 dollars disposable per week faces an earnings garnishment of 20 percent, or 156 dollars per week (8,112 dollars per year). Wisconsin post-judgment interest accrues at 12 percent annually under Wis. Stat. § 815.05(8), adding 996 dollars to the judgment in year one.

A lump-sum settlement at 35 percent of the principal is 2,905 dollars. With a satisfaction of judgment filed in the circuit court, the earnings garnishment terminates within 14 days. The pillar payoff calculator models the multi-year garnishment cost against settlement cash today.

Wisconsin compared to other Midwest states

Wisconsin is the only marital property state in the Midwest. The 20 percent garnishment cap plus the below-poverty exemption are stronger debtor protections than most Midwest states.

Five Wisconsin-specific paths

1. Use the Earnings Garnishment Notice exemption window. When the pre-garnishment notice arrives, you have 5 business days to file CV-424 with exemption claims. Missing the deadline waives exemptions for that garnishment cycle. If household income is below the poverty line (about 31,200 dollars for a family of four in 2026), claim the below-poverty exemption on the form.

2. Negotiate a marital property agreement if your spouse has debt. Under Wis. Stat. § 766.58, spouses can execute a marital property agreement reclassifying property as separate. This is most useful before debt is incurred but can also protect a spouse from future post-divorce collection on pre-divorce marital debt.

3. Assert the SOL defense in the answer. Wisconsin small claims court (amounts under 12,000 dollars, the most common venue for credit card cases) requires a written answer or appearance within 20 days. Civil court (over 12,000 dollars) allows 45 days. Plead Wis. Stat. § 893.43 limitations defense if applicable.

4. Stack Wisconsin exemptions. The 75,000 dollar homestead, 12,000 dollar consumer goods, 4,000 dollar vehicle, 15,000 dollar retirement/education, and 5,000 dollar wildcard exemptions stack to about 111,000 dollars per individual. Wisconsin also permits federal bankruptcy exemption election.

5. File Chapter 7 with the federal exemption option. Wisconsin filers can elect federal bankruptcy exemptions under 11 U.S.C. § 522(d) instead of state. For renters or low-equity homeowners, federal exemptions often win because of the 1,675 dollar wildcard plus 15,800 dollar unused homestead-to-wildcard conversion.

Decision tree

• Spouse incurred the debt and earnings are below poverty: claim the below-poverty exemption and consider a marital property agreement.
• Last payment more than 6 years ago: answer with Wis. Stat. section 893.43 SOL defense.
• Earnings garnishment notice received: file CV-424 within 5 business days claiming applicable exemptions.
• Multiple judgments exceeding 25,000 dollars and homestead equity over 75,000 dollars: file Chapter 7 with state homestead exemption.

Primary Wisconsin and federal sources

• Wis. Stat. § 893.43, statute of limitations for contracts
• Wis. Stat. § 812.34, earnings garnishment exemption
• Wis. Stat. § 815.20, homestead exemption
• Wis. Stat. § 815.18, personal property exemptions
• Wis. Stat. chapter 766, marital property
• Wisconsin Court CV-424 Earnings Garnishment Debtor’s Answer
• Wisconsin DATCP Consumer Complaint Form

Sibling state pages

• Illinois credit card debt laws
• Minnesota credit card debt laws
• Iowa credit card debt laws
• Michigan credit card debt laws

Related calculator tools

• Credit card payoff calculator
• Debt management plan calculator
• Balance transfer calculator

Frequently asked questions

What is the statute of limitations on credit card debt in Wisconsin?

Six years from the date of last payment or written acknowledgment, under Wisconsin Statute section 893.43 for contracts generally and section 893.44 for credit transactions. Wisconsin also has section 893.40 setting a 20-year period for judgments. The Wisconsin Supreme Court in Beal Bank, SSB v. Sommer confirmed that the 6-year contract period applies to credit card collection actions.

How does Wisconsin’s 20 percent garnishment cap work for credit card debt?

Wisconsin caps earnings garnishment at 20 percent of disposable earnings under Wisconsin Statute section 812.34, stricter than the federal 25 percent cap. The creditor must send an earnings garnishment notice to the debtor before serving the employer; the notice describes exemptions including the below-poverty-line exemption. If 20 percent garnishment would put household income below the poverty line, the garnishment is limited to the income excess over the poverty line.

Am I responsible for my spouse’s credit card debt in Wisconsin?

Wisconsin is a marital property state under chapter 766 of the Wisconsin Statutes. Credit card debt incurred during the marriage by either spouse is presumed to be a marital obligation, and creditors can reach marital property to satisfy it regardless of which spouse signed for the account. Wisconsin Statute section 766.55 allows obligation by one spouse to reach the other spouse’s earnings if incurred for family obligations, but pre-marriage debt and post-divorce debt are separate.

What is the Wisconsin homestead exemption against credit card judgments?

Wisconsin Statute section 815.20 protects 75,000 dollars of equity in a primary residence per individual (150,000 dollars for a joint-owner couple). The Wisconsin homestead is one of the stronger Midwest protections. Personal property exemptions under Wisconsin Statute section 815.18 include 12,000 dollars for consumer goods, 4,000 dollars for vehicle, 15,000 dollars for retirement and education savings, and 5,000 dollars wildcard.

Where do I file a Wisconsin consumer complaint against a credit card collector?

The Wisconsin Department of Agriculture, Trade and Consumer Protection accepts complaints at datcp.wi.gov/Pages/Programs_Services/FileConsumerComplaint.aspx. Collection agencies must be licensed by the Wisconsin Department of Financial Institutions under Wis. Stat. chapter 218.04. The Wisconsin Consumer Act, chapter 421-427, provides additional protections against deceptive collection practices. Federal FDCPA complaints also go to the Consumer Financial Protection Bureau.