Wisconsin prejudgment interest rate
United States Wisconsin’s prejudgment interest rate — when a court awards it.
→ All Wisconsin judgment & prejudgment interest rates
Fixed by statute Fixed by statute
2026 Wisconsin prejudgment interest at a glance
- Current rate
- 5% per year
- Effective date
- July 9, 2026
- Controlling authority
- Wis. Stat. 138.04
- Rate basis
- Fixed by statute
- Source checked
- July 9, 2026
- Recorded history
- 1 data point
Wisconsin prejudgment interest is 5% per year, as simple interest under Wis. Stat. 138.04. Prejudgment interest is NOT available on all claims.
When Wisconsin prejudgment interest applies
Prejudgment interest is NOT available on all claims. It is allowed only where damages are LIQUIDATED or "reasonably ascertainable" by reference to a fixed standard, so the defendant could have computed and tendered the amount owed before judgment. It is generally BARRED where the amount of damages is genuinely disputed/unliquidated and depends on jury discretion (e.g., typical unliquidated tort claims such as pain-and-suffering personal injury damages, and other non-ascertainable damages).
When it starts accruing
Common-law/138.04 prejudgment interest on a liquidated claim accrues from the time payment was due under the contract; if no time is specified, from the date demand was made or from commencement of the action (Estreen v. Bluhm, 79 Wis. 2d 142 (1977)).
Simple or compound
Simple interest (both the 5% 138.04 rate and the 807.01(4)/815.05(8) statutory rate are computed as simple interest; Wisconsin does not compound judgment/prejudgment interest by default).
→ Compare with the Wisconsin post-judgment interest rate (interest after judgment)
Prejudgment interest under Wis. Stat. 138.04 — 5% (simple interest). This is PREjudgment interest (accruing before entry of judgment) and is separate from Wisconsin’s post-judgment rate; availability is limited by claim type (see the page). Verify against the statute text. Not legal advice.
Current recorded observation
| Effective date | Rate | Basis |
|---|---|---|
| July 9, 2026 | 5% | Statute |
Source & provenance
Observation recorded July 9, 2026 (00:00 UTC) from the cited source (Wisconsin — docs.legis.wisconsin.gov):
https://docs.legis.wisconsin.gov/statutes/statutes/138/04
Cite this page
StatuteRates. “Wisconsin Prejudgment Interest Rate.” StatuteRates.com. Accessed today. https://statuterates.com/rates/wisconsin-prejudgment-rate/ Rate recorded under Wis. Stat. 138.04, effective July 9, 2026.