Trial Spotlight: Securing Two Favorable Rulings in Wisconsin Circuit Court in Cases Involving Consumer Protection Claims

April 25, 2023

A Hinshaw legal team including Brett Larsen, David Hanus, Rebecca Bavlsik, and Andrew Trevino secured two significant wins in the Wisconsin Circuit Court on behalf of clients Plaza Services, LLC and Forsythe Finance, LLC (the Creditors). The debtor defendant was represented by Briane Pagel of Lawton & Coates.  

Defendant refused to pay her debts to the Creditors. The Creditors then commenced small claims actions against defendant.  Defendant then alleged two counterclaims against the creditors: first, a violation under the Wisconsin Consumer Act (WCA) for "noncompliant pleadings," and second, a violation under the same statute for "failure to obtain jurisdiction over defendant."

In each case, the court agreed with the Creditors' arguments that the Wisconsin Supreme Court had already determined in Sec. Fin. v. Kirsch that failure to comply with pleading requirements is not a violation of the WCA and it granted the Creditors' motions to dismiss the counterclaims.

The cases are Plaza Services, LLC, vs. Jessica Noethe, Case No. 22-CV-3000, and Forsythe Finance, LLC, vs. Jessica Noethe, Case No. 22-CV-3001 in the Dane County Circuit Court of Wisconsin.

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