Two-Year Limitation for Forfeiture Actions Under Wis. Stat. §893.93
Parking violations in Wisconsin are civil forfeiture actions, not criminal offenses. Under Wis. Stat. §893.93(2)(b), 'an action by the state or any subdivision thereof to recover a forfeiture or penalty imposed by statute' must be brought within 2 years after the cause of action accrues. (Some authorities argue §893.93(1)(a)'s 6-year rule applies to municipal forfeitures, but the prevailing rule for parking-style forfeitures is 2 years from violation date.) Old citations resurfacing during DMV registration renewal can be challenged on SOL grounds.
Legal basis
Wis. Stat. §893.93(2)(b); §893.93(1)(a); §66.0114 (municipal ordinance forfeitures)
Sample appeal wording
[DATE] Re: Citation #[NUMBER], Violation Date [DATE] This citation is barred by the statute of limitations under Wis. Stat. §893.93(2)(b), which requires actions to recover statutory or ordinance forfeitures be commenced within 2 years of accrual. The alleged violation occurred [DATE], more than 2 years before any judgment. I demand production of the date the citation was filed/docketed in court. In the absence of a timely-commenced action, this matter is time-barred. I request dismissal and removal of any DMV registration hold. [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Wis. Stat. §893.93 (docs.legis.wisconsin.gov)
- Wis. Stat. §66.0114
- Milwaukee city attorney parking enforcement guidance