Wis. Stat. § 425.113

Current through Acts 2023-2024, ch. 272

Section 425.113 - Body attachments

(1) No merchant shall cause or permit a warrant against the person of a customer to issue under ch. 816 with respect to a claim arising from a consumer credit transaction. Any process issued in violation of this section is void.

(2) A violation of this section is subject to s. 425.305.

Wis. Stat. § 425.113

1971 c. 239; Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975).

If s. 425.113 were to be interpreted to remove a court's power to issue a body attachment for one who chooses to ignore its orders, the interpretation would cause the statute to be unconstitutional as a violation of the principle of separation of powers. Smith v. Burns, 65 Wis. 2d 638, 223 N.W.2d 562 (1974).