Wisconsin late fee calculator

Wisconsin does not set a maximum for a commercial invoice late fee. Wis. Stat. section 138.05(8)(c) says the older 12 percent ceiling does not apply to a forbearance made on or after November 1, 1981, except a personal, family, or household forbearance whose only charge is a late penalty. A written rate to a business client falls outside that exception. 1.5 percent a month is a common written rate and it is not blocked by a Wisconsin commercial cap. Section 138.04 gives you 5 percent a year.

Yes. Section 138.04 says the legal rate is 5 percent a year, and that parties may contract for more only when the rate is clearly expressed in writing and stays inside the rates the other sections allow. A verbal 'we charge late fees' is not that writing. Put the percent on the estimate or the invoice terms before the work starts. If you already sent a silent invoice, charge 5 percent, not 1.5 percent a month. You can change the terms for the next job.

No. Wisconsin's limits on residential late fees live in the landlord tenant statutes. They talk about rent, notices, and dwellings. Your invoice is a contract debt. Section 138.04 and section 138.05 are the interest statutes, and the commercial forbearance exception in section 138.05(8)(c) is the part that matters. Quoting a rent cap at a business client, or cutting your own written fee down to a rent cap, misstates the law. If the client is actually a tenant and the charge is rent, stop using this calculator. That is a different case.

A money claim in Wisconsin small claims can go up to $10,000. The court system's own small claims page says that, and chapter 799 is the statute. Personal injury claims and actions based in tort are limited to $5,000, so do not file a negligence theory and expect the $10,000 door. An unpaid invoice is a contract claim. If the balance plus the fee you are allowed to charge is over $10,000, you are in a regular civil action.

Six years. Wis. Stat. section 893.43 gives you six years to sue on a contract, obligation, or liability, including a claim for professional fees. The clock generally starts when the client breaches, which on an invoice is the day after the due date if they pay nothing. A partial payment or a new written promise can change the analysis, and I would not count on that without advice. Six years feels long until a project from 2020 is suddenly outside it. Diary the due date when you send the invoice, not when you get angry.

Not as a substitute for the 5 percent legal rate. A flat fee is enforceable when the contract said there would be a flat fee, the amount was clear, and it is not a disguised personal late penalty that section 138.05 still covers. If the invoice was silent, section 138.04 is a percent, not a $50 surprise. You can use a flat fee on the next contract if you write the dollar amount. On this invoice, calculate 5 percent a year for the days past due.

No. Nothing in section 138.04 makes you wait 5, 10, or 15 days before a written commercial rate starts. If your terms promise a grace period, you have to honor the promise you made. If they do not, interest can start the day after the due date. The calculator on this page lets you enter a grace period so the day count matches your terms. Leaving it blank means zero grace. Do not tell a client you gave them 10 days if the invoice did not say that. Match the email to the paper.

Read section 138.05(8)(c) again before you charge 1.5 percent. The commercial exception does not cover a forbearance that is primarily for personal, family, or household purposes when the only charge is a penalty for paying late. A portrait client or a homeowner may be in that sentence. A company buying your services is not. If you are unsure which one you billed, stay at 5 percent unless a lawyer tells you the higher written rate still holds. Getting this wrong is how a fee dispute becomes a usury defense.

You can ask. You should not pretend the statute requires them to pay 1.5 percent. The statute requires 5 percent a year when no rate was agreed. Send a short note that shows 5 percent, the days, and the new total, and cite section 138.04. Do not call it a penalty you just decided on. For the next invoice, write the rate in the terms before they accept the work. Retroactive fees are the easiest thing for a client to refuse, and a refusal is reasonable when the original PDF was silent.