Legal Question in Civil Litigation in Wisconsin

My question is in regards to a Summons for Consumer Replevin. In the summons there is a paragraph that states; The estimated dollar amount of any deficiency claim which may be available to the plaintiff following disposition of any collateral recovered or which plaintiff seeks to recover and which the plaintiff intends to assert if the defendant fails to redeem the collateral is zero.

From a legal standpoint what does this mean? Plaintiff is now suing me for a deficiiency claim.

Thank You for your time


Asked on 6/14/11, 5:25 am

1 Answer from Attorneys

JAY Nixon nixon law offices

In Wisconsin vehicle repossession (replevin) cases, it is customary for lenders to use two totally separate lawsuits, the first being to recover possession of the vehicle, and the second being to recover any deficiency which remains owing after the repossessed vehicle is resold at an auto dealer auction (such auctions often yield far less than the amount owed on the loan, creating a claim for a "deficiency" judgment). Even though no deficiency dollar amount may have been requested in the first lawsuit, the plaintiff is normally permitted to bring a second lawsuit solely for the purpose of recovering the deficiency. If you are interested in fighting such an action, you owe it to yourself to retain an attorney with bankruptcy experience, who would be the most likely to spot technical defenses or analyze how beneficial a bankruptcy filing would be for you. Normally, deficiency claims are 100% dischargeable in a bankruptcy. For the record, I need to remind you that my answering this question on Law Guru does not constitute legal representation for purposes or court or any other further activities unless you make additional arrangements to retain me. You therefore must make arrangements to meet your legal needs since I will not be taking any action on your case.

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Answered on 6/21/11, 12:18 pm


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