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A Guide to Legally Protest in Wisconsin

Posted by Nathan DeLadurantey | Nov 20, 2023

Repossession can be a distressing experience for individuals facing financial challenges. Fortunately, Wisconsin, like many states, has specific laws and regulations in place to protect consumers and provide avenues for legal protest. In this guide, we will explore the steps and considerations for legally protesting a repossession in Wisconsin.

Understanding Wisconsin Repossession Laws:

Before diving into the protest process, it's crucial to understand the repossession laws in Wisconsin. The state follows the Uniform Commercial Code (UCC) and the Wisconsin Consumer Act (WCA), which governs secured transactions, including vehicle repossession. According to Wisconsin law:

  1. Right to Cure: Wisconsin law grants some consumers the right to "cure" the default by paying the outstanding amount, along with any applicable fees, before the repossession occurs.

  2. Notice Requirements: Creditors must provide some consumers with written notice before repossessing a vehicle. This notice should include details about the default, the amount owed, and the right to cure the default.

  3. Peaceful Repossession: Repossession agents must conduct the process peacefully and without breaching the peace. Any breach of peace, such as threats or the use of force, could render the repossession illegal. In Wisconsin, a simple verbal protest is enough to make the repossession stop. If they don't stop, it could be a violation of the lwa. 

Steps to Legally Protest Repossession:

  1. Review the Notice: Carefully examine the notice provided by the creditor. Ensure that it includes accurate information about the default and your right to cure. Any discrepancies may be grounds for protest or a violation of the law. 

  2. Document Everything: Keep detailed records of all communications with the creditor, including phone calls, emails, and written correspondence. This documentation can serve as evidence in case of a dispute.

  3. Seek Legal Advice: Consult with an attorney experienced in consumer protection laws to understand your rights and options. They can provide personalized guidance based on your situation.

  4. Negotiate with the Creditor: Attempt to negotiate with the creditor to find a resolution that works for both parties. They may be willing to work out a payment plan or other arrangements to avoid repossession.

  5. File a Complaint with the Wisconsin Department of Financial Institutions (DFI): If negotiations prove unsuccessful, consider filing a complaint with the DFI. The DFI oversees financial institutions in the state and may be able to assist in resolving disputes

Conclusion:

Facing repossession is undoubtedly a challenging situation, but understanding your rights and taking appropriate legal steps can make a significant difference. By carefully reviewing notices, documenting interactions, seeking legal advice, and exploring negotiation options, individuals in Wisconsin can protest repossession within the bounds of the law. Remember, seeking professional guidance is crucial to navigating this complex process successfully.

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online. 

About the Author

Nathan DeLadurantey

Nathan DeLadurantey ATTORNEY [email protected] Nathan is a skilled consumer lawyer who handles cases and trials all over Wisconsin. Phone consultations are always free and welcomed. Nathan has helped clients receive large jury verdicts and settlements stemming from consumer law violations, and is ready and able to assist.

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The DeLadurantey Law Office, LLC is committed to answering your questions about Vehicle Repo's, Credit Report/Identity Theft, Auto Fraud, and Debt Collection Abuse law issues in Wisconsin.

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