CHAPTER 425
CONSUMER TRANSACTIONS — REMEDIES AND PENALTIES
SUBCHAPTER I
CREDITORS' REMEDIES
425.103 Accrual of cause of action; “default".
425.104 Notice of customer's right to cure default.
425.107 Unconscionability.
425.108 Extortionate extensions of credit.
425.110 No discharge from employment for garnishment.
425.111 Levy before judgment.
425.112 Stay of execution.
425.113 Body attachments.
SUBCHAPTER II
ENFORCEMENT OF SECURITY INTERESTS IN COLLATERAL
425.203 Enforcement of merchant's rights in collateral and leased goods.
425.204 Voluntary surrender of collateral.
425.205 Action to recover collateral.
425.206 Nonjudicial enforcement limited.
425.2065 Notice to law enforcement.
425.207 Restraining order to protect collateral or leased goods; abandoned property.
425.208 Customer's right to redeem.
425.209 Restrictions on deficiency judgments.
425.210 Computation of deficiency.
SUBCHAPTER III
CUSTOMER'S REMEDIES
425.301 Remedies to be liberally administered.
425.302 Remedy and penalty for certain violations.
425.303 Remedy and penalty for certain violations.
425.304 Remedy and penalty for certain violations.
425.305 Transactions which are void.
425.306 Unenforceable obligations.
425.307 Limitation of action.
425.308 Reasonable attorney fees.
425.310 Liability of corporate officers.
425.311 Evidence of violation.
SUBCHAPTER IV
CRIMINAL PENALTIES
425.401 Willful violations: misdemeanor.
Ch. 425 Cross-reference
Cross-reference: See definitions in s.
421.301.
CREDITORS' REMEDIES
425.101
425.101
Short title. This chapter shall be known and may be cited as the Wisconsin consumer act — remedies and penalties.
425.101 History
History: 1971 c. 239.
425.102
425.102
Scope. This subchapter applies to actions or other proceedings brought by a creditor to enforce rights arising from consumer credit transactions and to extortionate extensions of credit under s.
425.108.
425.102 History
History: 1971 c. 239.
425.102 Annotation
The scope language of this section bars a customer from bringing a claim of unconscionability under s. 425.107 except in response to “actions or other proceedings brought by a creditor." Discussing whether a nonjudicial repossession pursuant to s. 425.206 (1) (d) is such an action or other proceeding. Duncan v. Asset Recovery Specialists, Inc.,
2022 WI 1,
400 Wis. 2d 1,
968 N.W.2d 661,
19-1365.
425.102 Annotation
When a creditor files a lawsuit against a debtor to enforce a loan agreement, that triggers the potential for an unconscionability counterclaim. The fact that the creditor moves for voluntary dismissal of its claim before the debtor brings the unconscionability counterclaim does not prevent the debtor from pursuing it. This section does not require dismissal of the counterclaim. CreditBox.com, LLC v. Weathers,
2023 WI App 37,
408 Wis. 2d 715,
993 N.W.2d 802,
22-0746.
425.1025
425.1025
Definition. In this subchapter, “billing statement" means a statement issued pursuant to
15 USC 1637 (b).
425.1025 History
History: 2015 a. 155.
