When You Cannot Pay
Wis. Stat. 800.095 — no jail for an unpaid municipal judgment without a finding, and poverty is grounds to lift a suspension
A criminal fine. If a fine, with costs, fees and surcharges, is not paid, or ordered community service is not completed, the defendant may be committed to the county jail until paid or completed, for a period fixed by the court not to exceed 6 months.
A municipal judgment: the license. For an unpaid municipal judgment, the court may suspend the operating privilege until payment, but not for more than one year, and no further suspension follows for the same judgment. Serving it does not cancel the debt. The suspension does not apply to a judgment entered solely for an ordinance violation unrelated to operating a motor vehicle, unless the judgment is ordered under ch. 938; nonmoving traffic offenses count as related to operating a vehicle.
Poverty. During that suspension, the defendant may ask the court to reconsider based on inability to pay because of poverty. If the court so finds, it withdraws the suspension and grants more time or orders other sanctions, including community service.
A municipal judgment: jail. No defendant is jailed for an unpaid municipal judgment unless the court finds the defendant able to pay within a reasonable time, or finds an unexcused failure to do community service, attend an indigency hearing, or complete an ordered program.
The limits. Jail for one judgment may not exceed 90 days, with credit of at least $50 for each day. A defendant who meets the poverty criteria is presumed unable to pay, and the court suspends or extends payment or orders community service.
Wages. The court may also assign not more than 25 percent of the defendant's wages and other money due for the unpaid amount.
A particular judgment or sentence is a question for the court that entered it, or a licensed Wisconsin attorney.
Sources for this section (2)
- Wis. Stat. 973.07 — Failure to pay fine, fees, surcharges, or costs or to comply with certain community service work
- Wis. Stat. 800.095 — Nonpayment of monetary judgment
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.