425.101 – Short title.

425.101 Short title. This chapter shall be known and may be cited as the Wisconsin consumer act — remedies and penalties. History: 1971 c. 239.

425.102 – Scope.

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. History: 1971 c. 239.

425.1025 – Definition.

425.1025 Definition. In this subchapter, “billing statement” means a statement issued pursuant to 15 USC 1637 (b). History: 2015 a. 155.

425.103 – Accrual of cause of action; “default”.

425.103 Accrual of cause of action; “default”. (1) Notwithstanding any term or agreement to the contrary, no cause of action with respect to the obligation of a customer in a consumer credit transaction shall accrue in favor of a creditor except by reason of a default, as defined in sub. (2). (2) “Default”, with respect […]

425.104 – Notice of customer’s right to cure default.

425.104 Notice of customer’s right to cure default. (1) A merchant who believes that a customer is in default may give the customer written notice of the alleged default and, if applicable, of the customer’s right to cure any such default (s. 425.105). (2) Any notice given under this section shall contain the name, address […]

425.105 – Cure of default.

425.105 Cure of default. (1) A merchant may not accelerate the maturity of a consumer credit transaction, commence any action except as provided in s. 425.205 (6), or demand or take possession of collateral or goods subject to a consumer lease other than by accepting a voluntary surrender thereof (s. 425.204), unless the merchant believes […]

425.106 – Exempt property.

425.106 Exempt property. (1) Except to the extent that the merchant has a valid security interest which is permitted by chs. 421 to 427 and 429 or has a lien under ch. 779 in such property, or where the transaction is for medical or legal services and there has been no finance charge actually imposed, […]

425.107 – Unconscionability.

425.107 Unconscionability. (1) With respect to a consumer credit transaction, if the court as a matter of law finds that any aspect of the transaction, any conduct directed against the customer by a party to the transaction, or any result of the transaction is unconscionable, the court shall, in addition to the remedy and penalty […]

425.108 – Extortionate extensions of credit.

425.108 Extortionate extensions of credit. (1) If it is the understanding of the creditor and the customer during any time that an extension of credit is outstanding, that delay in making repayment could result in the use of violence to cause harm to the person or property of any person, the extension of credit shall […]

425.109 – Pleadings.

425.109 Pleadings. (1) A complaint by a merchant to enforce any cause of action arising from a consumer credit transaction shall include all of the following: (a) An identification of the consumer credit transaction. (b) A description of the collateral or leased goods, if any, which the merchant seeks to recover or has recovered. (c) […]

425.110 – No discharge from employment for garnishment.

425.110 No discharge from employment for garnishment. (1) No employer shall discharge an employee because a merchant has subjected or attempted to subject unpaid earnings of the employee to garnishment or like proceedings directed to the employer for the purpose of paying a judgment arising from a consumer credit transaction. (2) If an employer violates […]

425.111 – Levy before judgment.

425.111 Levy before judgment. (1) Prior to entry of judgment in an action subject to this subchapter, no process, other than a restraining order to protect collateral (s. 425.207), shall issue with respect to amounts that are owing or are claimed to be owing or may be owing to the customer by any 3rd person, […]

425.112 – Stay of execution.

425.112 Stay of execution. At the time of or at any time after the entry of a judgment in favor of a creditor against a customer in an action arising from a consumer transaction, the court, for cause and upon motion of a party or on its own motion, may stay enforcement of the judgment […]

425.113 – Body attachments.

425.113 Body attachments. (1) No merchant shall cause or permit a warrant against the person of a customer to issue under ch. 816 with respect to a claim arising from a consumer credit transaction. Any process issued in violation of this section is void. (2) A violation of this section is subject to s. 425.305. […]