893.35 Action to recover personal property. An action to recover personal property shall be commenced within 6 years after the cause of action accrues or be barred. The cause of action accrues at the time the wrongful taking or conversion occurs, or the wrongful detention begins. An action for damage for wrongful taking, conversion or detention of personal property shall be commenced within the time limited by s. 893.51.
History: 1979 c. 323.
Judicial Council Committee's Note, 1979: This section is based on previous s. 893.19 (6), without change in substance, but with some expansion of language to make clear that accrual of the cause of action is not delayed until the person bringing the action learns of the wrongful taking or detention. The limitation with respect to an action for damages is contained in s. 893.51. [Bill 326-A]
This section creates a cause of action for wrongful detention separate from a cause of action for conversion, and the time the cause of action accrues is based on the alleged wrongful act by the defendant. The same property can be converted by one party and wrongfully detained by another. In this case, a car was converted by an unknown thief in 2001, and the defendant purchased the car in 2015 and refused a demand from plaintiffs for return of the car. Thus, a cause of action against the defendant for wrongful detention accrued at the time the defendant allegedly wrongful detained the car after the plaintiffs' demand for return of the car, not at the time of the 2001 conversion. Mueller v. TL90108, LLC, 2018 WI App 52, 383 Wis. 2d 740, 917 N.W.2d 551, 17-1962.