Wisconsin Statutes
Wis. Stat. § 409.625 (2026)
Remedies for secured party’s failure to comply with chapter
✓ current as of July 2026
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409.625(1)(1) Judicial orders concerning noncompliance. If it is established that a secured party is not proceeding in accordance with this chapter, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions.
409.625(2)(2) Damages for noncompliance. Subject to subs. (3) and (4), a person is liable for damages in the amount of any loss caused by a failure to comply with this chapter. Loss caused by a failure to comply may include loss resulting from the debtor’s inability to obtain, or increased costs of, alternative financing.
409.625(3)(3) Persons entitled to recover damages; statutory damages if collateral is consumer goods. Except as otherwise provided in s. 409.628:
409.625(3)(a)(a) A person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under sub. (2) for its loss; and
409.625(3)(b)(b) If the collateral is consumer goods, a person that was a debtor or a secondary obligor at the time a secured party failed to comply with this subchapter may recover for that failure in any event an amount not less than the credit service charge plus 10 percent of the principal amount of the obligation or the time-price differential plus 10 percent of the cash price.
409.625(4)(4) Recovery when deficiency eliminated or reduced. A debtor whose deficiency is eliminated under s. 409.626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under s. 409.626 may not otherwise recover under sub. (2) for noncompliance with the provisions of this subchapter relating to collection, enforcement, disposition, or acceptance.
409.625(7)(7) Limitation of security interest: noncompliance with s. 409.210. If a secured party fails to comply with a request regarding a list of collateral or a statement of account under s. 409.210, the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2009–2025 · leading case: Kraenzler v. Brace, 2009 WI App 131 (Wis. Ct. App. 2009).
Kraenzler v. Brace, 2009 WI App 131 (Wis. Ct. App. 2009). “(7); (f) a calculation and explanation of the surplus or deficiency on disposition of the collateral, subsecs.”
Tobiason v. BMO Bank NA (E.D. Wis. 2024). “) Count V invokes Wis. Stat. §409.625 , which authorizes injunctive relief for violations of Article 9.”
Hanson, Randy v. Santander Consum. USA, Inc. (W.D. Wis. 2025). “In Counts I-IV, plaintiffs seek monetary relief under Wis. Stat. § 409.625 (2) for the alleged violation of four, different UCC provisions: (1) requiring a commercially-reasonable disposition of the repossessed property ( Wis.”
Wis. Stat. § 409.625(1): 1 case
Hanson, Randy v. Santander Consum. USA, Inc. (W.D. Wis. 2025). “In Counts I-IV, plaintiffs seek monetary relief under Wis. Stat. § 409.625 (2) for the alleged violation of four, different UCC provisions: (1) requiring a commercially-reasonable disposition of the repossessed property ( Wis.”
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