422.409 Notice of assignment.
(1) The customer is authorized to pay the assignor until the customer receives notification of assignment of the rights to payment pursuant to a consumer credit transaction and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the customer, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless the assignee does so the customer may pay the assignor.
(2) The notification of assignment shall be in writing and addressed to the customer at the customer's address as stated in the contract, shall be accompanied by a copy of the contract or shall identify the contract, describe the goods or services, state the names of the assignor and the customer, the name and address of the assignee, the number, amount and due dates or periods of payments scheduled to repay the indebtedness and, except in the case of a transaction secured by a first lien mortgage or equivalent security interest for the purpose of the acquisition of a dwelling, the total of payments. A provision in the assigned contract that the customer waives or will not assert claims or defenses against the assignee under s. 422.407 (2) shall not be effective unless the notification of assignment also contains a clear and conspicuous statement that the customer has 12 months within which to notify the assignee in writing of any complaints, claims or defenses the customer may have against the assignor and that if the customer does not give such notice, the assignee or subsequent assignees will have the right to enforce the contract free of such claims or defenses subject to chs. 421 to 427.
History: 1971 c. 239; 1973 c. 2, 3; 1991 a. 316.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 422 - Consumer credit transactions.
422.201 - Finance charge for consumer credit transactions.
422.203 - Delinquency charges.
422.205 - Finance charge on refinancing.
422.206 - Finance charge on consolidation.
422.207 - Advances to perform agreements of customer.
422.209 - Rebate on prepayment.
422.210 - Agricultural credit transactions.
422.301 - Requirements of federal act.
422.302 - General requirements and provisions.
422.303 - Form requirements other than open-end or discount.
422.304 - Prohibition of blank writings.
422.306 - Receipts; accounting; evidence of payment.
422.307 - Estimates or approximations.
422.308 - Open-end credit disclosures.
422.310 - Refund anticipation loans.
422.402 - Balloon payments prohibited.
422.403 - Maximum periods of repayment.
422.404 - Assignment of earnings.
422.405 - Authorization to confess judgment prohibited.
422.406 - Negotiable instruments.
422.407 - Defenses assertable against an assignee.
422.409 - Notice of assignment.
422.410 - Statements of compliance or performance.
422.412 - Restriction on liability in consumer lease.
422.413 - Limitation on default charges.
422.414 - Use of multiple agreements.
422.415 - Changes in open-end credit terms.
422.4155 - Notice of termination of liability.
422.416 - Referral transactions prohibited.
422.417 - Restrictions on security interests.
422.418 - Security interests: consolidations; open-end credit plans.
422.421 - Variable rate transaction.
422.502 - Registration requirements.
422.503 - Prohibited activities.