425.108 Extortionate extensions of credit.
(1) If it is the understanding of the creditor and the customer during any time that an extension of credit is outstanding, that delay in making repayment could result in the use of violence to cause harm to the person or property of any person, the extension of credit shall be unenforceable in accordance with s. 425.305 and the customer shall additionally recover triple the penalty provided in s. 425.304 (1).
(2) If it is shown that an extension of credit was made at an annual rate exceeding that permitted by or referred to in s. 422.201 on maximum charges and that the creditor had a reputation for the use or threat of use of violence to cause harm to the person or property of any person to collect extensions of credit or to punish the nonrepayment thereof, it shall be presumed that the extension of credit was a violation under chs. 421 to 427 under sub. (1).
History: 1971 c. 239; 1979 c. 89.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 425 - Consumer transactions — remedies and penalties.
425.103 - Accrual of cause of action; “default".
425.104 - Notice of customer's right to cure default.
425.108 - Extortionate extensions of credit.
425.110 - No discharge from employment for garnishment.
425.111 - Levy before judgment.
425.203 - Enforcement of merchant's rights in collateral and leased goods.
425.204 - Voluntary surrender of collateral.
425.205 - Action to recover collateral.
425.206 - Nonjudicial enforcement limited.
425.2065 - Notice to law enforcement.
425.207 - Restraining order to protect collateral or leased goods; abandoned property.
425.208 - Customer's right to redeem.
425.209 - Restrictions on deficiency judgments.
425.210 - Computation of deficiency.
425.301 - Remedies to be liberally administered.
425.302 - Remedy and penalty for certain violations.
425.303 - Remedy and penalty for certain violations.
425.304 - Remedy and penalty for certain violations.
425.305 - Transactions which are void.
425.306 - Unenforceable obligations.
425.307 - Limitation of action.
425.308 - Reasonable attorney fees.
425.310 - Liability of corporate officers.