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

Wisconsin Statutes

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

Wisconsin § 409.628

Ch. 409Uniform commercial code — secured transactions

Subch.subch. VI of ch. 409 SUBCHAPTER VI

DEFAULT

This text of Wisconsin § 409.628 (Nonliability and limitation on liability of secured party; liability of secondary obligor.) is published on Counsel Stack Legal Research, covering Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wis. Stat. § 409.628 (2026).

Text

628
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:
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
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.
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:
628(2)(a) (a) To a person that is a debtor or obligor, unless the secur

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409.628
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.