Wisconsin Statutes
Wis. Stat. § 425.206 (2026)
Nonjudicial enforcement limited
✓ current as of July 2026
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425.206(1)(1) Notwithstanding any other provision of law, no merchant may take possession of collateral or goods subject to a consumer lease in this state except when any of the following apply:
425.206(1)(b)(b) Judgment for the merchant has been entered in a proceeding for recovery of collateral or leased goods under s. 425.205, or for possession of the collateral or leased goods under s. 425.203 (2).
425.206(1)(c)(c) The merchant has taken possession of collateral or leased goods pursuant to s. 425.207 (2).
425.206(1)(d)(d) For motor vehicle collateral or goods subject to a motor vehicle consumer lease, the customer has not made a demand as specified in s. 425.205 (1g) (a) 3. and, no sooner than 15 days after the merchant gives the notice specified in s. 425.205 (1g) (a), the merchant has taken possession of the collateral or goods in accordance with sub. (2).
425.206(2)(2) In taking possession of collateral or leased goods, no merchant may do any of the following:
425.206(2)(b)(b) Enter a dwelling used by the customer as a residence except at the voluntary request of a customer.
425.206 HistoryHistory: 1971 c. 239; 1975 c. 94 s. 3; 1975 c. 407; 1979 c. 10; 1995 a. 225; 1997 a. 302; 2005 a. 255.
425.206 AnnotationUnder the facts of the case, the customer did not voluntarily surrender collateral under sub. (1) (a). Wachal v. Ketterhagen Motor Sales, Inc., 81 Wis. 2d 605, 260 N.W.2d 770 (1978).
425.206 AnnotationNotwithstanding s. 421.201 (5), this section governed repossessions outside the state when the contract provided for enforcement under the “internal law” of Wisconsin. First Wisconsin National Bank of Madison v. Nicolaou, 85 Wis. 2d 393, 270 N.W.2d 582 (Ct. App. 1978).
425.206 AnnotationA “breach of the peace” under sub. (2) has the same meaning as in s. 409.503. Repossession in disregard of the debtor’s oral protest is a breach of the peace. Punitive damages may be appropriate as the result of the breach of the peace. Hollibush v. Ford Motor Co., 179 Wis. 2d 799, 508 N.W.2d 449 (Ct. App. 1993).
425.206 AnnotationRepossession under an invalid judgment violates this section. Kett v. Community Credit Plan, Inc., 228 Wis. 2d 1, 596 N.W.2d 786 (1999), 97-3620.
425.206 AnnotationThe definition of “dwelling used by the customer as a residence” in sub. (2) (b) does not depend on whether the customer has the right to exclude others from a particular area or whether the customer has a reasonable expectation of privacy in a particular area under the 4th amendment. Dwelling generally refers to an entire building in which people live and includes a garage attached to the residential building in which the customer lives. Nothing in the language “dwelling used by the customer as a residence” suggests that the protections in sub. (2) (b) are limited to only the integral parts of a residence or the areas with indicia of residential use. Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1, 400 Wis. 2d 1, 968 N.W.2d 661, 19-1365.
425.206 AnnotationThe modifier “used by the customer as a residence” is best understood as imposing a limitation on which dwelling sub. (2) (b) protects—the dwelling this customer uses as a residence—not what parts of the dwelling it protects. The phrase distinguishes the customer’s dwelling from all other dwellings. Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1, 400 Wis. 2d 1, 968 N.W.2d 661, 19-1365.
425.206 AnnotationA lender, not its repossessors, falls within the definition of “merchant” under s. 421.301 (25) and is therefore covered by sub. (2) (a). In this case, it was the lender’s authority to repossess the debtor’s car that the repossession company was exercising. That the lender chose to authorize the repossession company to exercise the lender’s right under Wisconsin law to take possession of its collateral extra-judicially does not mean the lender can avoid liability for actions taken on its behalf and at its request. Gable v. Universal Acceptance Corp. (WI), 338 F. Supp. 3d 943 (2018).
425.206 AnnotationThe Abolition of Self-Help Repossession: The Poor Pay Even More. White. 1973 WLR 503.
425.206 AnnotationThe Impact of Denying Self-Help Repossession of Automobiles: A Case Study of the Wisconsin Consumer Act. Whitford & Laufer. 1975 WLR 607.
425.206 AnnotationWisconsin’s New Automobile Repossession Law: Creditors in the Driver’s Seat. Anderson & Meili. Wis. Law. Feb. 2007.
Notes of Decisions
Cited in 34
cases (6 in the last 5 years), 1978–2026 · leading case: Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022).
Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022). “See Wis. Stat. § 425.206 (2)(b) (2017-18).1 We agree and hold that "dwelling used by the customer as a residence" in § 425.”
Kett v. Cmty. Credit Plan, Inc., 596 N.W.2d 786 (Wis. 1999). “(I) Does Community Credit's taking possession of the vehicles by nonjudicial recovery pursuant to the default replevin judgments entered by the Milwaukee County Circuit Court violate the venue provision of the Wisconsin Consumer Act violate Wis. Stat. § 425.206 ? If so, the…”
Sec. Fin. v. Brian Kirsch, 926 N.W.2d 167 (Wis. 2019). “The debtors filed suit against the creditor, asserting (1) that the creditor violated Wis. Stat. § 425.206 by bringing suit in the wrong venue; and (2) that the creditor violated Wis.”
Danelle Duncan v. Asset Recovery Specialists, Inc., 2020 WI App 54 (Wis. Ct. App. 2020). “§ 425.206, which is entitled “Nonjudicial enforcement limited,” sets forth specific rules for repossessing collateral.”
Gable v. Universal Acceptance Corp., 338 F. Supp. 3d 943 (E.D. Wis. 2018). “" Wis. Stat. § 425.206 (1)(d), (2)(a). UAC gave the required notice here.”
Nelson v. Union Nat'l Bank, 330 N.W.2d 225 (Wis. Ct. App. 1983). “I would hold that the insurance policy is not "collateral" within the meaning of sec. 425.206, Stats. Collateral is defined in sec.”
First Wisconsin Nat'l Bank v. Nicolaou, 335 N.W.2d 390 (Wis. 1983). “The Nicolaous counterclaimed that the self-help repossession order by the Bank violated the WCA specifically, sec. 425.206, Stats., 1975, [2] (hereinafter all *528 references in this opinion are to the 1975 statutes unless otherwise indicated) and therefore, they were entitled…”
Hollibush v. Ford Motor Credit Co., 508 N.W.2d 449 (Wis. Ct. App. 1993). “The legislative history of the WCA also suggests that no new meaning of "breach of the peace" was intended by the use of that term in sec. 425.206, Stats. In Davis, Legislative Restrictions of Creditor Powers and Remedies: A Case Study of the Negotiation and Drafting of the…”
Kett v. Cmty. Credit Plan, Inc., 586 N.W.2d 68 (Wis. Ct. App. 1998). “As a result, Community Credit repossessed the collateral without a valid judgment, contrary to § 425.206, Stats. Community Credit also argues that issue preclusion bars the customers from attacking the judgments because their validity was litigated previously.”
Wisconsin Auto Title Loans, Inc. v. Jones, 2006 WI 53 (Wis. 2006). “§ 425.206 does not permit self-help repossession in the instant case; a judicial order is required.”
Credit Acceptance Corp. v. Chao Kong, 2012 WI App 98 (Wis. Ct. App. 2012). “4 See Wis. Stat. § 425.206 . No merchant may take possession of a motor vehicle unless the merchant provides notice and gives the customer an opportunity to object and proceed in court.”
Nelson v. Santander Consum. USA, Inc., 931 F. Supp. 2d 919 (W.D. Wis. 2013). “Notice of right to cure Under Wis. Stat. § 425.206 (1), a merchant must satisfy one of four requirements before “takfing] possession of collateral or goods subject to a consumer lease.”
— Wis. Stat. § 425.206(1) — 6 cases
Nelson v. Union Nat'l Bank, 330 N.W.2d 225 (Wis. Ct. App. 1983). “I would hold that the insurance policy is not "collateral" within the meaning of sec. 425.206, Stats. Collateral is defined in sec.”
Kett v. Cmty. Credit Plan, Inc., 586 N.W.2d 68 (Wis. Ct. App. 1998). “As a result, Community Credit repossessed the collateral without a valid judgment, contrary to § 425.206, Stats. Community Credit also argues that issue preclusion bars the customers from attacking the judgments because their validity was litigated previously.”
Nelson v. Santander Consum. USA, Inc., 931 F. Supp. 2d 919 (W.D. Wis. 2013). “Notice of right to cure Under Wis. Stat. § 425.206 (1), a merchant must satisfy one of four requirements before “takfing] possession of collateral or goods subject to a consumer lease.”
Patrin v. Chrysler Credit Corp., 530 F. Supp. 736 (W.D. Wis. 1982).
Walser Leasing, Inc. v. Simonson, 355 N.W.2d 545 (Wis. Ct. App. 1984).
— Wis. Stat. § 425.206(1)(b) — 2 cases
Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022). “See Wis. Stat. § 425.206 (2)(b) (2017-18).1 We agree and hold that "dwelling used by the customer as a residence" in § 425.”
Danelle Duncan v. Asset Recovery Specialists, Inc., 2020 WI App 54 (Wis. Ct. App. 2020). “§ 425.206, which is entitled “Nonjudicial enforcement limited,” sets forth specific rules for repossessing collateral.”
— Wis. Stat. § 425.206(1)(d) — 3 cases
Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022). “See Wis. Stat. § 425.206 (2)(b) (2017-18).1 We agree and hold that "dwelling used by the customer as a residence" in § 425.”
Danelle Duncan v. Asset Recovery Specialists, Inc., 2020 WI App 54 (Wis. Ct. App. 2020). “§ 425.206, which is entitled “Nonjudicial enforcement limited,” sets forth specific rules for repossessing collateral.”
Creditbox.com, LLC v. Antjuan Weathers, 2023 WI App 37 (Wis. Ct. App. 2023).
— Wis. Stat. § 425.206(2) — 6 cases
Danelle Duncan v. Asset Recovery Specialists, Inc., 2020 WI App 54 (Wis. Ct. App. 2020). “§ 425.206, which is entitled “Nonjudicial enforcement limited,” sets forth specific rules for repossessing collateral.”
Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022). “See Wis. Stat. § 425.206 (2)(b) (2017-18).1 We agree and hold that "dwelling used by the customer as a residence" in § 425.”
Hollibush v. Ford Motor Credit Co., 508 N.W.2d 449 (Wis. Ct. App. 1993). “The legislative history of the WCA also suggests that no new meaning of "breach of the peace" was intended by the use of that term in sec. 425.206, Stats. In Davis, Legislative Restrictions of Creditor Powers and Remedies: A Case Study of the Negotiation and Drafting of the…”
Wendy Treuthardt v. Connexus Credit Union (Wis. Ct. App. 2026).
Greer, Robert v. All Wheels Recovery Inc. (W.D. Wis. 2020).
— Wis. Stat. § 425.206(2)(a) — 3 cases
Gable v. Universal Acceptance Corp., 338 F. Supp. 3d 943 (E.D. Wis. 2018). “" Wis. Stat. § 425.206 (1)(d), (2)(a). UAC gave the required notice here.”
Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022). “See Wis. Stat. § 425.206 (2)(b) (2017-18).1 We agree and hold that "dwelling used by the customer as a residence" in § 425.”
Wendy Treuthardt v. Connexus Credit Union (Wis. Ct. App. 2026).
— Wis. Stat. § 425.206(2)(b) — 2 cases
Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022). “See Wis. Stat. § 425.206 (2)(b) (2017-18).1 We agree and hold that "dwelling used by the customer as a residence" in § 425.”
Danelle Duncan v. Asset Recovery Specialists, Inc., 2020 WI App 54 (Wis. Ct. App. 2020). “§ 425.206, which is entitled “Nonjudicial enforcement limited,” sets forth specific rules for repossessing collateral.”
— Wis. Stat. § 425.206(3) — 2 cases
Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022). “See Wis. Stat. § 425.206 (2)(b) (2017-18).1 We agree and hold that "dwelling used by the customer as a residence" in § 425.”
Kett v. Cmty. Credit Plan, Inc., 586 N.W.2d 68 (Wis. Ct. App. 1998). “As a result, Community Credit repossessed the collateral without a valid judgment, contrary to § 425.206, Stats. Community Credit also argues that issue preclusion bars the customers from attacking the judgments because their validity was litigated previously.”
— Wis. Stat. § 425.206(l)(a) — 1 case
Nelson v. Santander Consum. USA, Inc., 931 F. Supp. 2d 919 (W.D. Wis. 2013). “Notice of right to cure Under Wis. Stat. § 425.206 (1), a merchant must satisfy one of four requirements before “takfing] possession of collateral or goods subject to a consumer lease.”
— Wis. Stat. § 425.206(l)(b) — 2 cases
Kett v. Cmty. Credit Plan, Inc., 586 N.W.2d 68 (Wis. Ct. App. 1998). “As a result, Community Credit repossessed the collateral without a valid judgment, contrary to § 425.206, Stats. Community Credit also argues that issue preclusion bars the customers from attacking the judgments because their validity was litigated previously.”
Nelson v. Santander Consum. USA, Inc., 931 F. Supp. 2d 919 (W.D. Wis. 2013). “Notice of right to cure Under Wis. Stat. § 425.206 (1), a merchant must satisfy one of four requirements before “takfing] possession of collateral or goods subject to a consumer lease.”
— Wis. Stat. § 425.206(l)(c) — 1 case
Nelson v. Santander Consum. USA, Inc., 931 F. Supp. 2d 919 (W.D. Wis. 2013). “Notice of right to cure Under Wis. Stat. § 425.206 (1), a merchant must satisfy one of four requirements before “takfing] possession of collateral or goods subject to a consumer lease.”
— Wis. Stat. § 425.206(l)(d) — 1 case
Nelson v. Santander Consum. USA, Inc., 931 F. Supp. 2d 919 (W.D. Wis. 2013). “Notice of right to cure Under Wis. Stat. § 425.206 (1), a merchant must satisfy one of four requirements before “takfing] possession of collateral or goods subject to a consumer lease.”
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