LRB-2355/1
MDK:nwn&jld:md
2009 - 2010 LEGISLATURE
March 17, 2009 - Introduced by Senators Taylor, Lehman, Lassa and Miller,
cosponsored by Representatives Hebl, Roys, Colon, A. Ott, Pope-Roberts,
Black, Gunderson, Berceau, Townsend, Molepske Jr., Spanbauer, Fields,
Hintz
and Seidel. Referred to Committee on Small Business, Emergency
Preparedness, Technical Colleges, and Consumer Protection.
SB120,1,2 1An Act to amend 425.109 (1) (intro.) of the statutes; relating to: pleading
2requirements for assignees of creditors under the Wisconsin Consumer Act.
Analysis by the Legislative Reference Bureau
Under current law, a consumer credit transaction in which the amount financed
is $25,000 or less, and which is entered into for personal, family, or household
purposes, is generally subject to the Wisconsin Consumer Act (WCA). The WCA
includes requirements for a creditor to satisfy to enforce rights arising from a
consumer credit transaction that is subject to the WCA, including pleading
requirements for a complaint filed by a creditor to enforce such rights. In Rsidue,
L.L.C. v. Michaud
, 2006 WI App 164, 295 Wis. 2d 585, 721 N.W. 2d 718, the Wisconsin
Court of Appeals held that because the WCA does not refer to an assignee of a
creditor, the pleading requirements do not apply to an assignee. This bill amends the
WCA to specify that the pleading requirements do apply to an assignee of a creditor.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB120, s. 1 3Section 1. 425.109 (1) (intro.) of the statutes is amended to read:
SB120,2,3
1425.109 (1) (intro.) A complaint by a creditor or its assignee to enforce any
2cause of action arising from a consumer credit transaction shall include all of the
3following:
SB120,2,44 (End)
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