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Wisconsin Repossession Laws
Quick Answers:
Where do I refer to for Title or
License Registration?
For state Title and License Information,
refer to:
Wisconsin Division of
Transportation, Vehicle Records
P.O. Box 7911
4802 Sheboygan Avenue
Madison, Wisconsin 53707-7911
Telephone: (608) 266-1466.
Fee for search of records is $2.00,
and requests should be sent to:
DMV
Hill Farms State Office Bldg.
Madison, Wisconsin 53702.
Security Interests:
Shown on title held by lienholder.
Recording Requirements:
Per the Uniform Commercial Code
adopted July, 1965: Filed with
Registrar of Deeds in county where
owner resides and with the
Department of Motor Vehicles.
Recovery Requirements:
Act 255 establishes a new method by
which a merchant may take possession
of motor vehicle collateral or goods
subject to a motor vehicle consumer
lease without undertaking judicial
proceedings, often referred to as
self-help repossession. To do so, a
merchant must mail (either by
certified or registered mail) to the
customer a notice that, among other
things, includes the following
information:
1. A statement that, as a result of
the customer’s default on the
consumer credit transaction, the
merchant may have the right to take
possession of the collateral or
goods without further notice or
court proceeding.
2. A statement that if the customer
is not in default or objects to the
merchant’s right to take possession
of the collateral or goods, the
customer may, no later than 15 days
after the merchant has given the
notice, demand that the merchant
proceed in court by notifying the
merchant in writing.
3. A statement that if the merchant
proceeds in court, the customer may
be required to pay court costs and
attorney fees.
4. The creditor's name, address, and
telephone number, along with a brief
identification of the credit
transaction, such as a loan account
number, and brief description of the
collateral.
The Act also provides that a
merchant who repossesses motor
vehicle collateral or goods under a
motor vehicle consumer lease must
notify, verbally or in writing, the
local law enforcement agency about
the repossession. This notice may be
given either by the creditor or its
repossession company. The notice
must include the creditor’s and
borrower’s name, the name of the
repossession company (if one is
used), and a description of the
motor vehicle being repossessed. A
person who intentionally violates
this provision may be fined not more
than $500, an exception to the
general maximum fine of $2,000 found
in s. 425.401, Stats.
Redemption Requirements:
Fifteen (15) day redemption.
Deficiency Requirements:
Wisconsin has strict requirements,
so we recommend contacting a local
repossession agent.
Special Motor Vehicle Provisions:
Certificate of Title bears lien.
Documents Required to Transfer
Ownership of Motor Vehicle:
Title in lienholder's name or
certificate of title with lien
release; certification of
repossession on approved state form.
Documents Required for
Liquidation:
Title, Repossession Affidavit, and
Copy of Contract.
Plates:
Remain with the owner / debtor.
Recovery requirements and fees are
current as of 2007.
Some information taken from
http://www.gklaw.com/publication.cfm?publication_id=510
or
http://www.legis.state.wi.us/lc/New_Noteworthy/05-06memoseries/commerce_tax.pdf.
A special thanks to Charles
Charpentier of
Sterling Investigations for
bringing the new laws to our
attention.
Quick-Repo.com does not warrant the accuracy of these laws. The laws
listed on Quick-Repo.com are
only a starting point for reference,
and are not meant to be legal advice or a replacement for legal console. Please consult a repo company in your area, county, or
state if you have any questions
about repossession service there.
View
repo laws at
RepoLaws.info and
repossession laws at
RepossessionLaws.info
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