[COURT SEAL OR LETTERHEAD, IF APPLICABLE]
[PLAINTIFF FULL LEGAL NAME], )
a [STATE] [ENTITY TYPE OR “individual”], )
)
Plaintiff, )
)
v. ) Case No.: ____
) Code No.: [30303 – Money Judgment]*
[DEFENDANT FULL LEGAL NAME], )
a [STATE] [ENTITY TYPE OR “individual”], )
)
Defendant. )
COMPLAINT FOR BREACH OF CONTRACT
[// GUIDANCE: Wisconsin practice requires a SUMMONS to be served with, not stapled to, this Complaint. See Wis. Stat. §§ 801.02 & 801.11. A summons template is often provided by the Clerk or available in the Wisconsin Civil Procedure Forms.]
Table of Contents
1. Document Header
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Cause of Action – Breach of Contract
6. Damages
7. Prayer for Relief
8. Demand for Jury Trial (Optional)
9. Verification (If used)
10. Signature Block
11. Certificate of Service
1. Document Header
1.1 Plaintiff [PLAINTIFF SHORT NAME] (“Plaintiff”) complains against Defendant [DEFENDANT SHORT NAME] (“Defendant”) and alleges as follows pursuant to Wis. Stat. § 802.02.
2. Parties
2.1 Plaintiff is a [corporation/limited liability company/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS].
2.2 Defendant is a [corporation/limited liability company/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. Defendant may be served with process by [describe method compliant with Wis. Stat. § 801.11] at [SERVICE ADDRESS].
3. Jurisdiction and Venue
3.1 This Court has personal jurisdiction over Defendant under Wis. Stat. § 801.05(1)(d) because Defendant [transacted business / contracted to be performed] within Wisconsin.
3.2 Venue is proper in [COUNTY] County under Wis. Stat. § 801.50(2)(a) because [the claim arose / Defendant resides or does substantial business] in this county.
4. Factual Allegations
4.1 On or about [DATE], Plaintiff and Defendant entered into a written agreement titled “[TITLE OF CONTRACT]” (the “Contract”). A true and correct copy of the Contract is attached hereto as Exhibit A.
4.2 Under the Contract, Plaintiff agreed to [summarize key obligations], and Defendant agreed to [summarize key obligations], including, without limitation, payment of $[AMOUNT] to Plaintiff by [DUE DATE].
4.3 Plaintiff fully performed, or was ready, willing, and able to perform, all material obligations under the Contract.
4.4 Defendant materially breached the Contract by, among other things, failing to [describe breach: e.g., timely pay the amounts due].
4.5 Plaintiff provided Defendant with written notice of breach and a [__]-day opportunity to cure on [DATE], but Defendant failed and refused to cure.
4.6 As a direct and proximate result of Defendant’s breach, Plaintiff has suffered damages in excess of $[AMOUNT], exclusive of interest, costs, and attorneys’ fees.
5. Cause of Action – Breach of Contract
5.1 Plaintiff realleges and incorporates by reference paragraphs 1 through 4.6 above.
5.2 The Contract is a valid and enforceable agreement supported by adequate consideration.
5.3 Plaintiff performed all conditions precedent, or such conditions have been waived or excused.
5.4 Defendant’s conduct described herein constitutes a material breach of the Contract.
5.5 Plaintiff is entitled to recover all damages proximately caused by Defendant’s breach, including but not limited to [unpaid sums], consequential damages, prejudgment interest, and reasonable attorneys’ fees where permitted by the Contract or statute.
6. Damages
6.1 Compensatory Damages: $[AMOUNT] (principal).
6.2 Pre-Judgment Interest: Accruing from [DATE] at the rate of [RATE]% per annum pursuant to Wis. Stat. § 138.04 or as provided in the Contract.
6.3 Attorneys’ Fees & Costs: As allowed by [Contract § ___ / Wis. Stat. § 814.04(1)].
6.4 Incidental & Consequential Damages: [DESCRIPTION].
6.5 Injunctive Relief: Plaintiff further seeks equitable relief preventing Defendant from [continuing breach / disposing of disputed goods / other], pursuant to Wis. Stat. § 813.02.
7. Prayer for Relief
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:
A. Awarding compensatory damages in an amount to be proven at trial but not less than $[AMOUNT];
B. Awarding pre- and post-judgment interest as permitted by law;
C. Awarding reasonable attorneys’ fees and costs;
D. Granting temporary, preliminary, and permanent injunctive relief as necessary to prevent further breaches;
E. Awarding such other and further relief as the Court deems just and equitable.
8. Demand for Jury Trial (Optional)
Pursuant to Wis. Stat. § 805.01(1), Plaintiff demands a trial by jury on all triable issues.
[// GUIDANCE: Omit this section if Plaintiff does not want a jury or if the Contract contains an enforceable jury waiver.]
9. Verification (Optional in Wisconsin)
I, [NAME], [TITLE] of Plaintiff, being first duly sworn on oath, state that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.
[// GUIDANCE: A verified complaint is not required under Wis. Stat. ch. 802 unless necessary for provisional remedies (e.g., attachment).]
[NAME], [TITLE]
[DATE]
Subscribed and sworn to before me this ___ day of _, 20.
Notary Public, State of Wisconsin
My commission expires: ____
10. Signature Block
Respectfully submitted this ___ day of ____, 20__.
[ATTORNEY NAME] (State Bar No. __)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff
11. Certificate of Service
I certify that on the ___ day of _, 20, I caused the foregoing Complaint to be served with the Summons upon Defendant via [method compliant with Wis. Stat. § 801.14 & § 801.11] at the address stated above.
[ATTORNEY NAME]
* Wisconsin Circuit Court Statistical Reporting requires inclusion of a five-digit “Case Classification Code” (e.g., 30303 – Money Judgment). Confirm the correct code with the latest Wisconsin Circuit Court Code Sheet.
[// GUIDANCE ON KEY WISCONSIN PROCEDURAL ISSUES]
• Pleading Standard: Wis. Stat. § 802.02 adopts notice-pleading; the allegations above purposely track this standard while preserving detail for Rule 11–type defenses.
• Service Rules: A civil action commences with service of a summons and complaint. Ensure service is effected within 90 days of filing (Wis. Stat. § 801.02) and in the manner required by § 801.11 (personal, substituted, or publication).
• Discovery Limits: Wisconsin follows ch. 804 (analogous to Fed. R. Civ. P.). While the statutes do not set numeric limits on interrogatories or depositions, local scheduling orders frequently impose limits; counsel should be prepared to address proportionality under § 804.01(2)(a).
• Injunctive Relief: To secure a temporary injunction, file a separate motion and supporting affidavit under Wis. Stat. § 813.02, showing (i) reasonable probability of success; (ii) irreparable harm; and (iii) inadequate remedy at law.
• Attorney Fees: Wisconsin follows the “American Rule,” allowing fee-shifting only by statute, contract, or equitable exception. Verify a valid contractual fee clause or applicable statute.
• Jury Demand: Must be made in writing at filing or within 20 days thereafter (Wis. Stat. § 805.01(2)). Failure waives the right absent court leave.
• Electronic Filing: Most counties mandate e-filing. Confirm compliance with Wis. Stat. § 801.18 and local e-filing protocols.
This template is drafted for broad utility under Wisconsin law, but every litigation matter is fact-specific. Counsel must tailor all bracketed fields, confirm current statutory citations, and review local rules before filing.