(1) A claimant may assert a claim in a specified foreign money. If a foreign money is not asserted, the claimant makes a claim for a judgment in U.S. dollars.
806.35.Asserting and defending a foreign-money claim.
Ch. 806: Judgment · Last amended 1991 · Last verified July 15, 2026
In one sentenceSection 806.35 lets a claimant assert a claim in a specified foreign money, defaults to U.S. dollars when none is named, lets an opposing party dispute the claimed money, permits defenses in any money, and makes the proper money a question of law.
Full Text of Section 806.35
(2) An opposing party may allege and prove that the claim is, in whole or in part, for a different money than that asserted by the claimant.
(3) Any party may assert a defense, setoff, recoupment or counterclaim in any money without regard to the money of other claims.
(4) The determination of the proper money of the claim is a question of law.
Plain-English Summary
Section 806.35 sets the ground rules for how the money of a claim gets identified and contested in litigation. A claimant who wants a judgment in a foreign money must say so; subsection (1) makes clear that if no foreign money is asserted, the claim is treated as a claim for a judgment in U.S. dollars. That default protects courts and opposing parties from guessing at a currency the claimant never specified.
Once a claimant asserts a foreign money, the opposing party is not stuck with that characterization. Subsection (2) lets that party allege and prove that the claim is, in whole or in part, for a different money than the one the claimant asserted. Subsection (3) then frees any party to raise a defense, setoff, recoupment, or counterclaim in whatever money fits that particular claim, without having to match the money of the other claims already in the case.
Finally, subsection (4) resolves who settles a dispute over which money is the proper money of a claim: it is a question of law, meaning the court decides it rather than leaving it to a jury as a factual dispute.
Frequently Asked Questions
What money does my claim get judged in if I do not specify a foreign currency?
U.S. dollars. Subsection (1) says that if a foreign money is not asserted, the claimant makes a claim for a judgment in U.S. dollars.
Can the defendant argue my claim is in a different foreign money than I stated?
Yes. Subsection (2) lets an opposing party allege and prove that the claim is, in whole or in part, for a different money than the one the claimant asserted.
Can I raise a counterclaim in a different currency than the plaintiff’s claim?
Yes. Subsection (3) lets any party assert a defense, setoff, recoupment, or counterclaim in any money, without regard to the money of the other claims in the case.
Who decides which money is the proper money of a claim, the judge or the jury?
The court decides it. Subsection (4) makes the determination of the proper money of the claim a question of law.
Do I have to take an affirmative step to have my claim treated as a foreign-money claim?
Yes. Subsection (1) requires the claimant to assert the claim in a specified foreign money; without that assertion, the claim defaults to a claim for U.S. dollars.
Amendment History
History: 1991 a. 236.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: asserting a foreign currency claim wisconsinhow to plead a foreign money claim wisconsinwisconsin foreign money counterclaim ruledefault currency judgment wisconsin lawsuit