Wisconsin State Form

Wisconsin Promissory Note

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Wisconsin Legal Requirements

Key WI statutes and obligations that apply to your promissory note.

Requirements

  • Must include: principal, interest rate, payment schedule, maturity date, and default terms
  • Governed by Wis. Stat. § 138.052 et seq. and Wisconsin UCC (Wis. Stat. § 403.101 et seq.)
  • No statutory usury cap for commercial loans — business parties may agree to any rate
  • Consumer loan rates regulated under Wisconsin Consumer Acts (Wis. Stat. § 422.201 et seq.)
  • Maximum rate for consumer installment loans: 18% per year (or 21.99% APR for certain loans)
  • Secured notes must reference and attach the security agreement or mortgage

Restrictions & Limits

  • Wisconsin consumer loan act limits rates for personal, family, and household purpose loans
  • Confession of judgment clauses are void in Wisconsin consumer transactions
  • Prepayment penalties must be clearly disclosed in consumer loan documents

Official Statute References

Primary Wisconsin statutes governing this document type.

Wisconsin Promissory Note FAQ

Common questions about promissory notes under Wisconsin law.

Does Wisconsin have a usury limit for promissory notes?

Wisconsin does not have a general usury cap for commercial (business) loans. Parties can agree to any interest rate for business-to-business transactions. Consumer loans are subject to Wisconsin's Consumer Act rate limits. Business lenders should clearly define the purpose of the loan to establish which rules apply.

What is the statute of limitations on a promissory note in Wisconsin?

Under Wis. Stat. § 893.43, the statute of limitations for written contract claims — including promissory notes — is 6 years from the date of breach. Oral contracts have a 6-year limitation period as well. Partial payments or written acknowledgment of the debt restart the limitations clock.

Does a Wisconsin promissory note need to be notarized?

A promissory note does not need to be notarized to be valid. However, a mortgage or security interest in real property must be notarized and recorded with the county register of deeds. Notarizing the note itself provides additional evidence of authenticity if signatures are contested.

Can a Wisconsin promissory note be transferred?

Yes. A properly drafted negotiable promissory note under the Wisconsin UCC (Wis. Stat. § 403.104) can be endorsed and transferred to a third party, who becomes a holder with the right to enforce the note. Include a 'non-negotiable' clause if you want to restrict transfers.

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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.