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CHAPTER 425
CONSUMER TRANSACTIONS — REMEDIES AND PENALTIES
SUBCHAPTER I
CREDITORS' REMEDIES
425.101       Short title.
425.102       Scope.
425.103       Accrual of cause of action; "default".
425.104       Notice of customer's right to cure default.
425.105       Cure of default.
425.106       Exempt property.
425.107       Unconscionability.
425.108       Extortionate extensions of credit.
425.109       Pleadings.
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
425.201       Scope.
425.202       Definitions.
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.
425.309       Class actions.
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.
subch. I of ch. 425 SUBCHAPTER I
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.
425.103 425.103 Accrual of cause of action; "default".
425.103(1) (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).
425.103(2) (2) "Default", with respect to a consumer credit transaction, means without justification under any law:
425.103(2)(a) (a) With respect to a transaction other than one pursuant to an open-end plan; if the interval between scheduled payments is 2 months or less, to have outstanding an amount exceeding one full payment which has remained unpaid for more than 10 days after the scheduled or deferred due dates, or the failure to pay the first payment or the last payment, within 40 days of its scheduled or deferred due date; if the interval between scheduled payments is more than 2 months, to have all or any part of one scheduled payment unpaid for more than 60 days after its scheduled or deferred due date; or, if the transaction is scheduled to be repaid in a single payment, to have all or any part of the payment unpaid for more than 40 days after its scheduled or deferred due date. For purposes of this paragraph the amount outstanding shall not include any delinquency or deferral charges and shall be computed by applying each payment first to the installment most delinquent and then to subsequent installments in the order they come due;
425.103(2)(b) (b) With respect to an open-end plan, failure to pay when due on 2 occasions within any 12-month period;
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2011-12 Wis. Stats. database updated though 2013 Wis. Act 10 and all Supreme Court Orders enacted before May 1, 2013. Statutory changes effective on or prior to May 1, 2013 are published as currently in effect. Changes effective after May 1, 2013 are designated by NOTES. See Are the Statutes on this Website Official? (5-1-13)