KIRK v. CREDIT ACCEPTANCE CORP.

No. 2010AP2573.

829 N.W.2d 522 (2013)

346 Wis.2d 635

2013 WI App 32

Tommy J. KIRK, Plaintiff-Respondent, v. CREDIT ACCEPTANCE CORPORATION, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed February 12, 2013.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Lisa M. Lawless and Edward J. Heiser Jr. of Whyte Hirschboeck Dudek S.C. of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Eric L. Crandall of Crandall Law Offices, S.C., of Milwaukee.

Before CURLEY, P.J., FINE and BRENNAN, JJ.


BRENNAN, J.

¶ 1 After Tommy J. Kirk defaulted on his car loan, Credit Acceptance Corporation repossessed Kirk's car and filed an action for a deficiency judgment, which the circuit court later dismissed. Kirk then filed this lawsuit against Credit Acceptance, alleging that the manner in which Credit Acceptance repossessed the car and filed the deficiency action violated the Wisconsin Consumer Act ("WCA"). Credit Acceptance now argues that the circuit court erred...

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