425.113 Body attachments.
(1) No merchant shall cause or permit a warrant against the person of a customer to issue under ch. 816 with respect to a claim arising from a consumer credit transaction. Any process issued in violation of this section is void.
(2) A violation of this section is subject to s. 425.305.
History: 1971 c. 239; Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975).
If this section were to be interpreted to remove a court's power to issue a body attachment for one who chooses to ignore its orders, the interpretation would cause the statute to be unconstitutional as a violation of the principle of separation of powers. Smith v. Burns, 65 Wis. 2d 638, 223 N.W.2d 562 (1974).
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.