State Codes and Statutes

Statutes > Wisconsin > 409 > 409.628

409.628

409.628 Nonliability and limitation on liability of secured party; liability of secondary obligor.

409.628(1)

(1) Limitation of liability of secured party for noncompliance with chapter. Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:

409.628(1)(a)

(a) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this chapter; and

409.628(1)(b)

(b) The secured party's failure to comply with this chapter does not affect the liability of the person for a deficiency.

409.628(2)

(2) Limitation of liability based on status as secured party. A secured party is not liable because of its status as secured party:

409.628(2)(a)

(a) To a person that is a debtor or obligor, unless the secured party knows:

409.628(2)(a)1.

1. That the person is a debtor or obligor;

409.628(2)(a)2.

2. The identity of the person; and

409.628(2)(a)3.

3. How to communicate with the person; or

409.628(2)(b)

(b) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:

409.628(2)(b)1.

1. That the person is a debtor; and

409.628(2)(b)2.

2. The identity of the person.

409.628(3)

(3) Limitation of liability if reasonable belief that transaction not a consumer-goods transaction or consumer transaction. A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on:

409.628(3)(a)

(a) A debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or

409.628(3)(b)

(b) An obligor's representation concerning the purpose for which a secured obligation was incurred.

409.628(4)

(4) Limitation of liability for statutory damages. A secured party is not liable to any person under s. 409.625 (3) (b) for its failure to comply with s. 409.616.

409.628(5)

(5) Limitation of multiple liability for statutory damages. A secured party is not liable under s. 409.625 (3) (b) more than once with respect to any one secured obligation.

409.628 - ANNOT.

History: 2001 a. 10.