Wisconsin Statutes (Last Updated: January 10, 2017) |
Chapter 428. First Lien Real Estate And Other Mortgage Loans |
SubChapter I. FIRST LIEN REAL ESTATE LOANS |
Section 428.105. Pleadings.
Latest version.
- 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.
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).