Section 425.204. Voluntary surrender of collateral.

 

(1)  Notwithstanding a waiver by the creditor of the security interest in collateral under s. 425.203 (2) or any other law, the customer shall have the right at any time to voluntarily surrender all of the customer's rights and interests in the collateral to the merchant.

(2)  The rights and obligations of the merchant and customer with respect to collateral voluntarily surrendered as defined in this section shall be governed by subch. VI of ch. 409 , and are not subject to this subchapter.

(3)  The surrender of collateral by a customer is not a voluntary surrender if it is made pursuant to a request or demand, other than a notice under s. 425.205 (1g) (a) , by the merchant for the surrender of the collateral, or if it is made pursuant to a threat, statement, or notice, other than a notice under s. 425.205 (1g) (a) , by the merchant that the merchant intends to take possession of the collateral.

1971 c. 239 ; 1991 a. 316 ; 2001 a. 10 ; 2005 a. 255 . Cross-reference: See also s. DFI-WCA 1.67 , Wis. adm. code. Under the facts of the case, the customer did not "voluntarily surrender" collateral under sub. (3). Wachal v. Ketterhagen Motor Sales, Inc. 81 Wis. 2d 605 , 260 N.W.2d 770 (1978).