779.85 Definitions. In ss. 779.85 to 779.94: (1) “Creditor” has the meaning set forth in s. 421.301 (16). (2) “Customer” means a person who seeks or acquires maintenance on behalf of himself or herself or another person for personal, family, household or agricultural purposes. (3) “Goods” has the meaning set forth in s. 402.105 (1) […]
779.86 Records. A seller shall retain records for 60 days following completion of the time period for which prepaid maintenance is to be performed under a prepaid maintenance agreement including but not limited to records showing the amount of prepayment, the period for which maintenance is to be performed, all contracts relating to such maintenance […]
779.88 Prepaid maintenance lien. Except as provided under s. 779.87 (3), a customer who makes a prepayment under a regulated prepaid maintenance agreement has a lien designated as a prepaid maintenance lien in the amount of the prepayment on all the proceeds contained in the escrow account, including all after acquired proceeds. This lien is […]
779.89 Attachment and preservation. All prepaid maintenance liens attach at the time of the first prepayment and shall be preserved from the time the lien attaches. It is not necessary to file or record any notice of the lien in order to preserve or perfect the lien although a customer may file this lien in […]
779.90 Notice of existence of lien. A person is deemed to have notice of a prepaid maintenance lien if: (1) That person has actual knowledge or reason to know that the lien exists on the seller’s property; (2) That person has reason to know that the seller regularly demands or accepts prepayments for maintenance; (3) […]
779.91 Discharge of lien. (1) A prepaid maintenance lien is discharged by: (a) Returning the amount of the prepayment to the customer who made the prepayment; (b) The expiration of the time period for the performance of all contract or other obligations secured by the prepayment; or (c) Lapse of the right to maintain an […]
779.92 Enforceability of lien. A prepaid maintenance lien is enforceable from the time it attaches until it is discharged. Any enforcement and foreclosure of a prepaid maintenance lien shall be in one civil action and shall be against the proceeds of the escrow account. History: 1977 c. 296; 1979 c. 32 s. 57; Stats. 1979 […]
779.93 Duties of the department of agriculture, trade and consumer protection. (1) The department of agriculture, trade and consumer protection shall investigate violations of this subchapter and attempts to circumvent this subchapter. The department of agriculture, trade and consumer protection may subpoena persons and records to facilitate its investigations, and may enforce compliance with such […]
779.94 Penalties. (1) Generally. A person who violates this subchapter shall forfeit not less than $100 nor more than $10,000 for each violation. (2) Misuse of escrow funds. The use of the proceeds in an escrow account by a seller for any purpose prior to the discharge of the prepaid maintenance lien is theft by […]
