If you're a Wisconsin resident struggling to keep up with your car payments, you might be worried about repossession. While Wisconsin law has some protections for consumers, there are also some "loopholes" that lenders can exploit. Here's what you need to know:
What is repossession?
Repossession is when a lender takes back property that was used as collateral for a loan. This can happen with cars, boats, and other types of property. In Wisconsin, lenders can repossess your car without going to court if you default on your loan. However, there are many limitations and restrictions that may apply.
What are some common repossession loopholes in Wisconsin?
Here are some things to be aware of:
- Breach of the peace: Lenders are not allowed to "breach the peace" when repossessing your car. This means they can't use physical force or threats. However, the definition of "breach of the peace" depends on the facts of your case. But in Wisconsin, merely telling the repo agent to stop is sufficient in most cases.
- Personal property: Lenders are not allowed to keep or sell any personal property that was inside your car when it was repossessed.
- Notice of default: Lenders are often required to send you a notice of default before repossessing your car. However, there are some exceptions to this rule.
What can I do to protect myself?
Here are some things you can do to protect yourself:
- Read your loan agreement carefully: Make sure you understand the terms of your loan, including the repossession policy.
- Communicate with your lender: If you're having trouble making payments, contact your lender as soon as possible. They may be willing to work with you.
- Keep your personal property out of your car: Don't leave anything in your car that you can't afford to lose.
- Know your rights: Familiarize yourself with Wisconsin's repossession laws.
- Seek legal advice: If you believe your car was wrongfully repossessed, contact an attorney.
Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.