425.307 Limitation of action.
(1) Any action brought by a customer to enforce rights pursuant to chs. 421 to 427 shall be commenced within one year after the date of the last violation of chs. 421 to 427, 2 years after consummation of the agreement or one year after last payment, whichever is later, except with respect to transactions pursuant to open-end credit plans which shall be commenced within 2 years after the date of the last violation; but no action may be commenced more than 6 years after the date of the last violation.
(2) Rights under chs. 421 to 427 may be asserted as a defense, setoff or counterclaim to an action against the customer without regard to this time limitation.
History: 1971 c. 239; 1979 c. 89.
Regardless of the reason the six-year limitations period was included, the language of the statute makes it clear that the six-year deadline is not a way for a plaintiff to avoid the deadlines in the first part of the statute. That part of the statute says that a lawsuit “shall be commenced" within one or two years of certain events. In other words, if the plaintiff is a customer and he cannot meet the limitations periods in the first part of the statute, the plaintiff cannot rely on the last part of the statute to extend his limitations period. McDonough v. WESTconsin Credit Union, 97 F. Supp. 3d 1040 (2015).
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.