Wisconsin Statutes

Wis. Stat. § 425.104 (2026)

Notice of customer’s right to cure default

✓ current as of July 2026

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425.104425.104 Notice of customer’s right to cure default.

425.104(1)(1) A merchant who believes that a customer is in default may give the customer written notice of the alleged default and, if applicable, of the customer’s right to cure any such default (s. 425.105).

425.104(2)(2) Any notice given under this section shall contain the name, address and telephone number of the creditor, a brief identification of the consumer credit transaction, a statement of the nature of the alleged default and a clear statement of the total payment, including an itemization of any delinquency charges, or other performance necessary to cure the alleged default, the exact date by which the amount must be paid or performance tendered and the name, address and telephone number of the person to whom any payment must be made, if other than the creditor.

425.104 HistoryHistory: 1971 c. 239.

425.104 AnnotationNotice need not be given if the obligation is entirely past due and fully owed, making it impossible for the customer to restore the loan to current status. Rosendale State Bank v. Schultz, 123 Wis. 2d 195, 365 N.W.2d 911 (Ct. App. 1985).

425.104 AnnotationThe s. 425.105 (1) prohibition of suits except when notice is given pursuant to this section imposes timing and content requirements for the notice. A notice that did not meet the timing requirements of sub. (1) and s. 425.103 (2) (a) never gave notice “pursuant to” this section. Thus, suit was barred by s. 425.105 (1). Indianhead Motors v. Brooks, 2006 WI App 266, 297 Wis. 2d 821, 726 N.W.2d 352, 06-1002.

425.104 AnnotationSection 421.108 generally imposes the obligation of good faith on the performance or enforcement of duties that are defined in the Wisconsin Consumer Act. The particular duties defined in this section and s. 425.105 (1) do not necessarily fall outside the ambit of the good faith doctrine. CreditBox.com, LLC v. Weathers, 2023 WI App 37, 408 Wis. 2d 715, 993 N.W.2d 802, 22-0746.

425.104 AnnotationThe National Bank Act (NBA), 12 USC 25b, does not preempt the procedural notice requirements of the Wisconsin Consumer Act under ss. 425.103 to 425.105 to bring a collection action. The NBA’s savings provision specifically does not preempt state laws on rights to collect debts. Bank of America, N.A. v. Riffard, 2025 WI App 17, 415 Wis. 2d 568, 19 N.W.3d 604, 23-0125.

425.104 AnnotationCourts construe sub. (2) strictly, so even minor defects or omissions are enough to render a notice of right to cure invalid. Bahena v. Jefferson Capital Systems, LLC, 363 F. Supp. 3d 914 (2019).

425.104 AnnotationBilling statements are not sufficient to give notice of a right to cure to an unsophisticated consumer, so they cannot qualify as right-to-cure notices under sub. (2). Bahena v. Jefferson Capital Systems, LLC, 363 F. Supp. 3d 914 (2019).

425.104 AnnotationThis section establishes requirements regarding what information a right-to-cure notice must contain, and it is permissive in the sense that it does not obligate merchants to send such notices whenever a customer defaults. But s. 425.105 lays out the requirements for merchants who wish to sue on a default, and s. 425.105 (1) makes providing notice a mandatory prerequisite to suit. Bahena v. Jefferson Capital Systems, LLC, 363 F. Supp. 3d 914 (2019). See also Boerner v. LVNV Funding LLC, 358 F. Supp. 3d 767 (2019).

Notes of Decisions

Cited in 26 cases (13 in the last 5 years), 1980–2026 · leading case: Sec. Fin. v. Brian Kirsch, 926 N.W.2d 167 (Wis. 2019).

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Sec. Fin. v. Brian Kirsch, 926 N.W.2d 167 (Wis. 2019). · cites it 39× “However, prior to commencing the action, the creditor failed to send the debtor a notice of default and right to cure letter as required by Wis. Stat. §§ 425.104 and 425.105. Id. The debtor filed a motion for summary judgment on those grounds, and the circuit court granted the…”

Bahena v. Jefferson Capital Sys., LLC, 363 F. Supp. 3d 914 (W.D. Wis. 2019). · cites it 23× “See Wis. Stat. § 425.104 . Bahena says she never received a WCA-compliant notice, which means that defendants had no right to file a debt collection action.”

Boerner v. LVNV Funding LLC, 358 F. Supp. 3d 767 (E.D. Wis. 2019). · cites it 16× “Wis. Stat. § 425.104 (1) (a "merchant who believes that a customer is in default may give the customer written notice of the alleged default.”

Kirk v. Credit Acceptance Corp., 2013 WI App 32 (Wis. Ct. App. 2013). · cites it 4× “First, Kirk alleged that Credit Acceptance failed to notify him of his right to cure his default, pursuant to Wis. Stat. § 425.104 , before repossessing the car and filing the deficiency action.”

Indianhead Motors v. Brooks, 2006 WI App 266 (Wis. Ct. App. 2006). · cites it 8× “The statute requires a notice that fully complies with Wis. Stat. §425.104 . Because Indianhead's notice did not meet the timing requirements of §§ 425.”

Nelson v. Santander Consum. USA, Inc., 931 F. Supp. 2d 919 (W.D. Wis. 2013). · cites it 13× “205(lg) is to include the information listed in Wis. Stat. § 425.104 . (Section 425.205(lg) imposes other requirements as well, but these are not the subject of plaintiffs motion.”

Beal v. Wyndham Vacation Resorts, Inc., 956 F. Supp. 2d 962 (W.D. Wis. 2013). · cites it 3× “Under the notice of default and buyer’s right to cure provisions of the Wisconsin Consumer Act, Wis. Stat. §§ 425.104 , 425.105, defendant was required to send plaintiff a notice of right to cure default, containing all of the information listed in § 425.”

Creditbox.com, LLC v. Antjuan Weathers, 2023 WI App 37 (Wis. Ct. App. 2023). · cites it 6× “§ 425.104 (“the notice of right to cure allegations”).”

Credit Acceptance Corp. v. Chao Kong, 2012 WI App 98 (Wis. Ct. App. 2012). · cites it 2× “Under Wisconsin law, a merchant may not commence an action on a consumer credit transaction "unless the merchant believes the customer to be in default.”

Bd. of Regents of Univ. of Wisconsin Sys. v. Mussallem, 289 N.W.2d 801 (Wis. 1980). “Is sec. 425.104, Stats., and/or sec. 425.105, dealing with Notice to Cure Default of the Wisconsin Consumer Act, applicable to student loans granted under the control of a university board of regents or trustees ? 2.”

Rosendale State Bank v. Schultz, 365 N.W.2d 911 (Wis. Ct. App. 1985). · cites it 2× “The trial court rejected the Schultzes’ claim that the action should be dismissed because they did not receive notice of default and right to cure such default under sec. 425.104, Stats. We agree with the trial court that the Schultzes were not entitled to such a notice.”

Ixonia State Bank v. Ingersoll (In Re Ingersoll), 8 B.R. 912 (Bankr. W.D. Wis. 1981). “§ 425.104 and § 425.105. The remedy that appears to apply states: (1) Any charge, practice, term, clause, provision, security interest or other action or conduct in violation of chs.”

Show all 26 citing cases →

— Wis. Stat. § 425.104(1) — 6 cases

Sec. Fin. v. Brian Kirsch, 926 N.W.2d 167 (Wis. 2019). “However, prior to commencing the action, the creditor failed to send the debtor a notice of default and right to cure letter as required by Wis. Stat. §§ 425.104 and 425.105. Id. The debtor filed a motion for summary judgment on those grounds, and the circuit court granted the…”

Indianhead Motors v. Brooks, 2006 WI App 266 (Wis. Ct. App. 2006). “The statute requires a notice that fully complies with Wis. Stat. §425.104 . Because Indianhead's notice did not meet the timing requirements of §§ 425.”

Heights Fin. Corp. v. Joseph R. Crankshaw (Wis. Ct. App. 2025).

Wendy Treuthardt v. Connexus Credit Union (Wis. Ct. App. 2026).

Bank of Am., N.A. v. Jean-Pierre C. Riffard (Wis. Ct. App. 2025).

— Wis. Stat. § 425.104(1)(k) — 1 case

Plaza Servs. LLC v. Kimberly Burton (Wis. Ct. App. 2025).

— Wis. Stat. § 425.104(2) — 9 cases

Bahena v. Jefferson Capital Sys., LLC, 363 F. Supp. 3d 914 (W.D. Wis. 2019). “See Wis. Stat. § 425.104 . Bahena says she never received a WCA-compliant notice, which means that defendants had no right to file a debt collection action.”

Nelson v. Santander Consum. USA, Inc., 931 F. Supp. 2d 919 (W.D. Wis. 2013). “205(lg) is to include the information listed in Wis. Stat. § 425.104 . (Section 425.205(lg) imposes other requirements as well, but these are not the subject of plaintiffs motion.”

Beal v. Wyndham Vacation Resorts, Inc., 956 F. Supp. 2d 962 (W.D. Wis. 2013). “Under the notice of default and buyer’s right to cure provisions of the Wisconsin Consumer Act, Wis. Stat. §§ 425.104 , 425.105, defendant was required to send plaintiff a notice of right to cure default, containing all of the information listed in § 425.”

Crown Asset Mgmt., LLC assignee of Citibank N.A. v. David H. Albahrani (Wis. Ct. App. 2022).

CITIBANK, N.A. v. Jean Pierre Riffard (Wis. Ct. App. 2023).

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