Facing repossession can be an incredibly stressful and overwhelming experience. The thought of losing your vehicle, especially one crucial for work or family, can be terrifying. However, if you're in Wisconsin, it's important to know that you have specific legal rights that can help you protest or even prevent a repossession. Understanding these rights is your first line of defense.

Here's how to legally protest a repossession in Wisconsin:

1. Know Your Notice Rights: The Wisconsin Consumer Act (WCA) is Your Ally

Wisconsin has strong consumer protection laws, particularly under the Wisconsin Consumer Act (WCA), which covers most vehicle loans under $25,000. These laws provide crucial safeguards.

• Notice of Right to Cure Default: Before your lender can repossess your vehicle, they generally must send you a written "Notice of Right to Cure Default." This notice tells you that you are in default and gives you an opportunity to catch up on your payments.
• 15-Day Window to Cure: You typically have at least 15 days from the date the notice is mailed to cure the default (bring your loan current by paying missed payments and any associated fees). The lender cannot repossess during this 15-day period.
• Written Demand for Court Proceeding: This is a key protest mechanism. If you believe you are not in default, or if you simply object to the lender's right to take possession without a court order, you can make a written demand that the lender proceed in court. This written demand must be made within 15 days of the postmark on the right-to-cure letter. If you do this, the lender then has to sue you in court to get possession of the vehicle. This buys you time and forces the lender to prove their claim.

Action Step: Carefully read any notices you receive from your lender. Note the dates and deadlines. If you receive a "Notice of Right to Cure Default" and wish to object, act quickly to send that written demand for a court proceeding. It's highly advisable to send it via certified mail with a return receipt to have proof.

2. Understanding "Breach of Peace" and Your Right to Object

Even if a repossession is underway, Wisconsin law offers significant protections against "breach of peace" by the repossession agent.

• "No Means No": In Wisconsin, if you are present and verbally object to the repossession, the repossession agent must stop. This is a critical protection. You don't need to yell, scream, or use force. A clear verbal request to stop is sufficient. If they continue despite your objection, they and the lender may have violated Wisconsin's consumer protection laws, potentially giving you a strong legal claim.
• No Forceful Entry: Repossession agents cannot enter your closed garage or secured areas, or damage your property to take the vehicle. They are generally allowed to take a vehicle from an open driveway or public street without a court order, but any actions that constitute a "breach of peace" are unlawful.
• Document Everything: If a repossession attempt occurs, and especially if you believe there's a breach of peace, record it with your phone, if safe to do so. Get video, photos, and note any witnesses. This evidence can be crucial if you pursue legal action.

Action Step: If a repossession agent arrives, calmly and clearly state that you object to the repossession and tell them to stop. If they continue, document the incident.

3. What to Do with Personal Property in Your Vehicle

If your vehicle is repossessed, you have a right to retrieve any personal property left inside.

• Contact the Repossession Company: Immediately contact the repossession company to arrange for the return of your belongings.
• Provide a Written List: It's a good idea to send a written list of items that were in the car to the repo company and demand their return.
• Preventative Measure: If you anticipate repossession, remove all valuable and personal items from your vehicle beforehand.

4. Exploring Your Options Beyond Immediate Protest

Even if repossession seems imminent or has already occurred, you still have avenues to explore:

• Right to Redeem: After repossession, you generally have a right to redeem your vehicle by paying the entire outstanding loan balance, including repossession and storage costs, before it's sold.
• Bankruptcy (Chapter 13): Filing for Chapter 13 bankruptcy can sometimes prevent repossession or even allow you to get your repossessed vehicle back. This creates an "automatic stay" that halts collection activities.
• Seek Legal Counsel: This is perhaps the most crucial step. A Wisconsin attorney specializing in consumer law or debtor rights can review your specific situation, determine if your rights have been violated, and advise you on the best course of action. They can help you challenge an unlawful repossession, negotiate with your lender, or explore bankruptcy options. Many offer free consultations.

Important Considerations:

• Don't Hide Your Vehicle: While it's generally not a crime to simply move your car, actively hiding it from a repossession agent can lead to increased fees and complications, and in some rare cases, if a court order (writ of replevin) is involved, it could lead to contempt of court charges.
• Deficiency Judgments: If your repossessed vehicle is sold for less than what you owe on the loan, the lender may pursue a "deficiency judgment" against you for the remaining balance. Understanding your rights regarding deficiency balances is important, as unlawful repossession or sale practices can sometimes eliminate or reduce this debt.

Navigating repossession can be complex. By understanding your rights under Wisconsin law and acting decisively, you can empower yourself to protest effectively and protect your interests. Don't hesitate to seek professional legal advice to ensure you're making the most informed decisions for your situation.

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