reglab/housing_qa huggingface dataset:
WI Stat § 425.111 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|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, whether by way of attachment, garnishment or other process. (2) With respect to property of the customer other than that described in sub. (1), process may issue in accordance with ch. 811 to establish a lien, except that such process shall not be effective to take, or to divest the customer of possession of, the property until final judgment is entered. (3) If the court finds that the creditor probably will recover on the action, and that the customer is acting, or is about to act, with respect to property of the customer upon which a lien has been established under sub. (2), in a manner which substantially impairs the creditor's prospects for satisfying the judgment against such property (s. 811.03), the court may issue an order restraining the customer from so acting with respect to that property until final judgment is entered.History:  1971 c. 239; 1973 c. 2; Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975).Legislative Council Note, 1973: Clarifies applicability of this subsection. Section 425.111 (1) refers to property of the customer subject to garnishment, and prescribes limitations on creditors' actions in relation to it. Sub. (2) refers to other property of the customer; however, the language struck by this amendment appears to make sub. (2) refer back to the same property dealt with by sub. (1), so it is deleted. [Bill 355-A]
WI Stat § 425.112 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|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 by order upon just and equitable conditions, and continue, modify or revoke the order as the interests of justice may require.History:  1971 c. 239.
WI Stat § 425.113 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|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.History:  1971 c. 239; Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975).If s. 425.113 were to be interpreted to remove a court's power to issue a body attachment for one who chooses to ignore its orders, the interpretation would cause the statute to be unconstitutional as a violation of the principle of separation of powers. Smith v. Burns, 65 Wis. 2d 638, 223 N.W.2d 562 (1974).
WI Stat § 425.201 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.201 - Scope.

425.201  Scope. This subchapter applies to the enforcement by a creditor of security interests in collateral.History:  1971 c. 239.
WI Stat § 425.202 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.202 - Definitions.

425.202  Definitions. For purposes of this chapter: (1) “Collateral" means goods subject to a security interest in favor of a merchant which secures a customer's obligations under a consumer credit transaction. (2) “Motor vehicle" has the meaning given in s. 218.0101 (22).History:  1971 c. 239; 1975 c. 407; 2005 a. 255.
WI Stat § 425.204 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.204 - Voluntary surrender of collateral.

425.204  Voluntary surrender of collateral. (1) Notwithstanding a waiver by the creditor of the security interest in collateral under s. 425.203 (2) or any other law, the customer shall have the right at any time to voluntarily surrender all of the customer's rights and interests in the collateral to the merchant. (2) The rights and obligations of the merchant and customer with respect to collateral voluntarily surrendered as defined in this section shall be governed by subch. VI of ch. 409, and are not subject to this subchapter. (3) The surrender of collateral by a customer is not a voluntary surrender if it is made pursuant to a request or demand, other than a notice under s. 425.205 (1g) (a), by the merchant for the surrender of the collateral, or if it is made pursuant to a threat, statement, or notice, other than a notice under s. 425.205 (1g) (a), by the merchant that the merchant intends to take possession of the collateral.History:  1971 c. 239; 1991 a. 316; 2001 a. 10; 2005 a. 255.Under the facts of the case, the customer did not “voluntarily surrender" collateral under sub. (3). Wachal v. Ketterhagen Motor Sales, Inc. 81 Wis. 2d 605, 260 N.W.2d 770 (1978).
WI Stat § 425.2065 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.2065 - Notice to law enforcement.

425.2065  Notice to law enforcement. (1) In this section, “law enforcement agency" means the police department, combined protective services department under s. 60.553, 61.66, or 62.13 (2e), or sheriff, that has primary responsibility for providing police protection services in the city, village, or town in which a repossession is expected to occur. (2) A merchant who repossesses motor vehicle collateral or goods subject to a motor vehicle consumer lease under s. 425.206 (1) (d), or a person who repossess such collateral or goods on behalf of the merchant, shall notify, verbally or in writing, the law enforcement agency about the repossession. The notification shall include the names of the customer, merchant, and, if applicable, the person who repossesses the collateral or goods on behalf of the merchant. The notification shall also include a description of the collateral or goods. Notification under this subsection shall be made before the repossession occurs. (3) Failure to comply with this subsection does not constitute a failure to comply with s. 425.206 (1) (d).History:  2005 a. 255; 2011 a. 32.
WI Stat § 425.207 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.207 - Restraining order to protect collateral or leased goods; abandoned property.

425.207  Restraining order to protect collateral or leased goods; abandoned property. (1) If the court finds that the merchant probably will recover possession of the collateral or goods subject to a consumer lease, and the customer is acting, or is about to act, with respect to the collateral or leased goods in a manner which substantially impairs the merchant's prospect for realization of the merchant's security interest or the merchant's interest in the leased goods, the court may issue an order pursuant to s. 813.02 restraining the customer from so acting with respect to the collateral or leased goods, and need not require a bond by the merchant, notwithstanding s. 813.06. (2) A merchant who reasonably believes that a customer has abandoned collateral or goods subject to a consumer lease may take possession of such collateral or leased goods and preserve it. However, the customer may recover such collateral or leased goods upon request unless at the time of request the merchant has perfected the right to possession under s. 425.206 (1) (a), (b), or (d). A merchant taking possession of collateral or leased goods pursuant to this section shall promptly send notification to the customer's last-known address of such action and of the customer's right to recover such collateral or leased goods under this section. If the collateral or leased goods are recovered by the customer pursuant to this section, it shall be returned to the customer at the location where the merchant took possession of such collateral or leased goods pursuant to this section or, at the option of the merchant, at such other location designated by the customer; and any expense incurred by the merchant in taking possession of, holding and returning the collateral or leased goods to the customer shall be borne by the merchant. If after taking possession of collateral or leased goods pursuant to this subsection, the merchant perfects the right to possession under s. 425.206 (1) (a), (b), or (d), the customer is liable for the expenses set forth in s. 409.615 (1). In determining such expenses, leased goods shall be considered collateral under s. 409.615 (1). However, a customer is not liable for expenses of holding the collateral or leased goods from the time the merchant takes possession until the merchant perfects the right to possession in the manner provided in this subsection.History:  1971 c. 239; Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975); 1975 c. 407, 421, 422; 1979 c. 10; 1981 c. 314 s. 146; 1997 a. 302; 2001 a. 10; 2005 a. 255.
WI Stat § 425.208 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.208 - Customer's right to redeem.

425.208  Customer's right to redeem. (1) For a period of 15 days following exercise by the creditor of nonjudicial enforcement rights (s. 425.206) or issuance of process (s. 425.205) with regard to the collateral, the customer shall be entitled to redeem the goods by tendering:(a) The total of all unpaid amounts, including any unpaid delinquency or deferral charges due at the time of tender, without acceleration; plus(b) Performance necessary to cure any default other than nonpayment of amounts due; plus(c) Any court costs, filing and service fees, and bond premium charges incurred by the creditor; plus(cm) If a writing evidencing the consumer credit transaction so provides, expenses the creditor is entitled to recover under s. 422.413 (2g) (a) and (b); plus(d) Whichever of the following is less:1. A performance deposit, in the amount of 3 scheduled installments, or minimum payments in the case of an open-end credit plan.2. One-third of the total obligation remaining unpaid with respect to the consumer credit transaction. (2) Tender of the payment and performance pursuant to sub. (1) restores to the customer the customer's rights under the agreement as though all payments and performance had been made as scheduled. (3) Upon such redemption, any process under which the collateral has been held shall be vacated, any pending action shall be dismissed, and the collateral shall be returned to the customer. (4) The performance deposit shall be held by the merchant to secure, and may be applied at any time to, the remaining obligations of the customer under the consumer transaction. (5) The existence of the deposit does not cure any subsequent default of the customer, and the deposit need not be credited to the customer's account until the remaining unpaid balance of the transaction becomes equal to the deposit. In the event of a subsequent default, prepayment, or other occurrence (except deferral) which requires the computation under chs. 421 to 427 of the outstanding obligation of the customer, the deposit shall be credited to the amount paid for the purposes of such computation. (6) The creditor shall not dispose of the collateral or enter into a contract for the disposition of the collateral, until the expiration of the period for redemption provided in this section, unless the collateral is perishable or threatens to decline speedily in value. Upon the expiration of such period any disposition of the collateral shall be subject to subch. VI of ch. 409, except that the customer may be liable for a deficiency only to the extent provided in ss. 425.209 and 425.210.History:  1971 c. 239; 1979 c. 10, 89; 1983 a. 389; 1991 a. 316; 1997 a. 302; 1999 a. 85; 2001 a. 10.
WI Stat § 425.210 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.210 - Computation of deficiency.

425.210  Computation of deficiency. If the creditor is entitled to a deficiency judgment pursuant to s. 425.209 (1), the creditor shall be entitled to recover from the customer the deficiency, if any, remaining after deducting the fair market value of the collateral from the unpaid balance.History:  1971 c. 239.
WI Stat § 425.301 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.301 - Remedies to be liberally administered.

425.301  Remedies to be liberally administered. (1) The remedies provided by this subchapter shall be liberally administered to the end that the customer as the aggrieved party shall be put in at least as good a position as if the creditor had fully complied with chs. 421 to 427. Recoveries under chs. 421 to 427 shall not in themselves preclude the award of punitive damages in appropriate cases. (2) Any right or obligation declared by chs. 421 to 427 is enforceable by action unless the provision declaring it specifies a different and limited effect. (3) Notwithstanding any other section of chs. 421 to 427, a customer shall not be entitled to recover specific penalties provided in s. 425.302 (1) (a), 425.303 (1), 425.304 (1) or 425.305 (1) if the person violating chs. 421 to 427 shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. (4) The liability of a merchant under chs. 421 to 427 is in lieu of and not in addition to any liability under the federal consumer credit protection act and ss. 138.09, 138.14, or 218.0101 to 218.0163. An action by a person alleging a violation under chs. 421 to 427 may not be maintained if a final judgment has been rendered for or against that person with respect to the same violation under the federal consumer credit protection act or ss. 138.09, 138.14, or 218.0101 to 218.0163. If a final judgment is entered against any merchant under chs. 421 to 427 and the federal consumer credit protection act or ss. 138.09, 138.14, or 218.0101 to 218.0163 for the same violation, the merchant has a cause of action for appropriate relief to the extent necessary to avoid double liability. (5) If there are multiple obligors in the same consumer credit transaction or consumer lease, there may be no more than one recovery of civil penalties for each violation of chs. 421 to 427.History:  1971 c. 239; 1975 c. 407; 1979 c. 89; 1985 a. 256; 1999 a. 31; 2009 a. 405.An error of law is not a bona fide error under sub. (3). First Wisconsin National Bank v. Nicolaou, 113 Wis. 2d 524, 335 N.W.2d 390 (1983).
WI Stat § 425.302 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.302 - Remedy and penalty for certain violations.

425.302  Remedy and penalty for certain violations. (1) A person who commits a violation to which this section applies is liable to the customer in an amount equal to:(a) Twenty-five dollars; and(b) The actual damages, including any incidental and consequential damages, sustained by the customer by reason of the violation. (2) This section also applies to all violations for which no other remedy is specifically provided.History:  1971 c. 239.
WI Stat § 425.303 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.303 - Remedy and penalty for certain violations.

425.303  Remedy and penalty for certain violations. A person who commits a violation to which this section applies is liable to the customer in an amount equal to: (1) One hundred dollars; and (2) The actual damages, including any incidental and consequential damages, sustained by the customer by reason of the violation.History:  1971 c. 239.
WI Stat § 425.304 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.304 - Remedy and penalty for certain violations.

425.304  Remedy and penalty for certain violations. A person who commits a violation to which this section applies is liable to the customer in an amount equal to the greater of: (1) Twice the amount of the finance charge in connection with the transaction, except that the liability under this subsection shall not be less than $100 nor greater than $1,000; or (2) The actual damages, including any incidental and consequential damages, sustained by the customer by reason of the violation.History:  1971 c. 239.The word “or" in this section makes it clear that the recovering party is not entitled to both statutory and actual damages. Kirk v. Credit Acceptance Corporation, 2013 WI App 32, 346 Wis. 2d 635, 829 N.W.2d 522, 10-2573.
WI Stat § 425.305 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.305 - Transactions which are void.

425.305  Transactions which are void. (1) In a transaction to which this section applies, the customer shall be entitled to retain the goods, services or money received pursuant to the transaction without obligation to pay any amount. (2) In addition, the customer shall be entitled to recover any sums paid to the merchant pursuant to the transaction.History:  1971 c. 239; 1973 c. 2.
WI Stat § 425.306 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.306 - Unenforceable obligations.

425.306  Unenforceable obligations. (1) Any charge, practice, term, clause, provision, security interest or other action or conduct in violation of chs. 421 to 427, to the extent that the same is in violation of chs. 421 to 427, shall confer no rights or obligations enforceable by action. (2) This section shall not affect the enforcement of any provision that is not prohibited by chs. 421 to 427.History:  1971 c. 239; 1979 c. 89.
WI Stat § 425.307 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.307 - Limitation of action.

425.307  Limitation of action. (1) Any action brought by a customer to enforce rights pursuant to chs. 421 to 427 shall be commenced within one year after the date of the last violation of chs. 421 to 427, 2 years after consummation of the agreement or one year after last payment, whichever is later, except with respect to transactions pursuant to open-end credit plans which shall be commenced within 2 years after the date of the last violation; but no action may be commenced more than 6 years after the date of the last violation. (2) Rights under chs. 421 to 427 may be asserted as a defense, setoff or counterclaim to an action against the customer without regard to this time limitation.History:  1971 c. 239; 1979 c. 89.Regardless of the reason the 6-year limitations period was included, the language of the statute makes it clear that the 6-year deadline is not a way for a plaintiff to avoid the deadlines in the first part of the statute. That part of the statute says that a lawsuit “shall be commenced" within one or two years of certain events. In other words, if the plaintiff is a customer and he cannot meet the limitations periods in the first part of the statute, the plaintiff cannot rely on the last part of the statute to extend his limitations period. McDonough v. WESTconsin Credit Union, 97 F. Supp. 3d 1040 (2015).
WI Stat § 425.308 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.308 - Reasonable attorney fees.

425.308  Reasonable attorney fees. (1) If the customer prevails in an action arising from a consumer transaction, the customer shall recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred on the customer's behalf in connection with the prosecution or defense of such action, together with a reasonable amount for attorney fees. (2) The award of attorney fees shall be in an amount sufficient to compensate attorneys representing customers in actions arising from consumer transactions. In determining the amount of the fee, the court may consider:(a) The time and labor required, the novelty and difficulty of the questions involved and the skill requisite properly to conduct the cause;(b) The customary charges of the bar for similar services;(c) The amount involved in the controversy and the benefits resulting to the client or clients from the services;(d) The contingency or the certainty of the compensation;(e) The character of the employment, whether casual or for an established and constant client; and(f) The amount of the costs and expenses reasonably advanced by the attorney in the prosecution or defense of the action.History:  1971 c. 239; 1991 a. 316; 1993 a. 490.Attorney fees awarded under this section often far exceed the amount of recovery. First Wisconsin National Bank v. Nicolaou, 113 Wis. 2d 524, 335 N.W.2d 390 (1983).Awards of attorney fees and costs are limited to instances in which a customer has shown that a creditor has not “fully complied with chs. 421 to 427." Suburban State Bank v. Squires, 145 Wis. 2d 445, 427 N.W.2d 393 (Ct. App. 1988).A prevailing party is one who succeeds on any significant issue and is entitled to recover fees relating to successfully litigated issues. Footville State Bank v. Harvell, 146 Wis. 2d 524, 432 N.W.2d 122 (Ct. App. 1988).Although voluntarily dismissed, prosecution of improperly venued actions violated the consumer act, and the defendants were prevailing parties under s. 425.308 entitled to attorney fees. Community Credit Plan, Inc. v. Johnson, 228 Wis. 2d 30, 596 N.W.2d 799 (1999), 97-0574.A party moving for attorney's fees and costs under the Wisconsin Consumer Act (WCA) must show both a significant benefit in litigation and a violation of the WCA on the part of the non-moving party. When a claim for deficiency judgment was dismissed without costs and without prejudice, no violation of the WCA was shown. Credit Acceptance Corporation v. Woodard, 2012 WI App 43, 340 Wis. 2d 548, 812 N.W.2d 525, 11-0135.
WI Stat § 425.309 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.309 - Class actions.

425.309  Class actions. Class actions are governed by s. 426.110.History:  1971 c. 239.
WI Stat § 425.310 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.310 - Liability of corporate officers.

425.310  Liability of corporate officers. Damages or penalties awarded to a customer or the administrator for a violation of chs. 421 to 427 which cannot be collected from a corporation by reason of its insolvency or dissolution shall be recoverable against the principal agents of the corporation including, but not limited to, officers, managers and assistant managers who knew of, should have known of or willfully participated in such a violation, if a meaningful part of the corporation's activities were in violation of chs. 421 to 427.History:  1971 c. 239; 1979 c. 89.
WI Stat § 425.311 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 425 - Consumer transactions — remedies and penalties.|425.311 - Evidence of violation.

425.311  Evidence of violation. Sections 402.202 and 411.202 and any other statute restricting admissibility of parol evidence shall be inoperative to exclude or limit the admissibility of evidence of an act or practice in violation of chs. 421 to 427.History:  1971 c. 239; 1979 c. 89; 1991 a. 148.