Facing the threat of repossession can be a daunting and stressful experience. Whether it's your car, home, or other valuable possessions at risk, it's essential to understand your rights and know how to object to a repossession in Wisconsin. In this blog post, we will explore the steps you can take to protect your property and challenge a repossession action.

Know Your Rights in Wisconsin

Before we delve into the steps to object to a repossession, it's crucial to be aware of your rights as a consumer in Wisconsin:

1. Right to Cure: Wisconsin law typically grants borrowers the right to "cure" a default before repossession. This means you can catch up on missed payments and bring the loan current to prevent repossession.

2. Right to Notice: Lenders are required to provide notice before repossessing your property. This notice must include information about the missed payments, the amount needed to cure the default, and the date by which payment must be made.

3. Right to Redemption: Even after repossession, you may have the right to redeem your property by paying off the outstanding debt, including repossession fees and expenses.

4. Right to a Private Sale: If the lender intends to sell the repossessed property, they must provide notice of the sale and give you an opportunity to object.

Steps to Object to a Repossession in Wisconsin

1. Review the Notice: When you receive a repossession notice, carefully review its contents. Ensure that it complies with Wisconsin's legal requirements, including the amount owed and the cure period.

2. Contact the Lender: If you believe there is an error or if you need more time to cure the default, you may want contact your lender immediately. Discuss your situation, negotiate a payment plan, or inquire about alternatives to repossession.

3. Gather Evidence: If you have a valid reason to dispute the repossession, such as errors in the notice or proof of payments made, gather all relevant documentation. This may include payment receipts, communication with the lender, and any agreements reached.

4. Request a Hearing: If negotiations with the lender fail, you have the right to request a hearing to challenge the repossession. During the hearing, you can present your evidence and argue your case.

5. Consider Legal Counsel: It is often advisable to consult with an attorney experienced in repossession matters. They can provide legal guidance, ensure your rights are protected, and represent you during the hearing if necessary.

6. Prepare for the Hearing: If your case proceeds to a hearing, be prepared to present your evidence, explain your circumstances, and make a compelling case for why repossession should not occur or should be delayed.

7. Stay Informed: Throughout the repossession process, stay informed about your rights and responsibilities. Understanding the law can empower you to make informed decisions and protect your interests.

Conclusion

Repossession is a serious matter, but it's essential to remember that you have rights and options as a borrower in Wisconsin. By knowing your rights, carefully reviewing notices, and taking proactive steps to address the situation, you can increase your chances of successfully objecting to a repossession. Consulting with a legal professional can be a valuable step to ensure your interests are fully protected during this challenging process.

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