428.105 Pleadings. A complaint by a creditor to enforce a cause of action shall set forth specifically the facts constituting the alleged default of the customer, the amount to which the creditor is allegedly entitled and a summary of the figures necessary for computation of such amount, and shall be accompanied by an accurate copy of the writing evidencing the transaction.
History: 1973 c. 18.
The requirements that a creditor attach an accurate copy of the writing evidencing a transaction with the complaint is a pleading requirement. The appropriate remedy for a creditor's failure to comply with this procedural requirement is dismissal of the creditor's action. Beal v. Wyndham Vacation Resorts, Inc. 956 F. Supp. 2d 962 (2013).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 428 - First lien real estate and other mortgage loans.
428.104 - Receipts, accounting.
428.203 - Prohibitions on and requirements of lenders and assignees.
428.206 - Recommending default.
428.208 - Disclosure to customers.
428.209 - Exclusive state regulation authority.
428.2095 - Property exempt from debt collection.