02-0354 Jensen v. Baker

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This is a small claims action which arises out of Gilbert Jensen’s sale of a 1997 Dodge Neon to Cristyn Baker. Jensen filed a replevin action seeking return of the Neon and $5,000 in damages. The trial court determined that there was a contract for Jensen to sell the Neon to Baker for $2,667.50, not for $11,531 as Jensen testified. The court determined that Baker still owed Jensen $576.62. The court also determined that Jensen had violated Wis. Stat. § 422.304(1) of the Wisconsin Consumer Act-Consumer Credit Transactions by filling out a blank wage assignment, and therefore under Wis. Stat. § 425.304, Baker was entitled to $1,000 as a penalty from Jensen. Accordingly, the trial court entered a judgment against Jensen and in favor of Baker for $423.38.

Jensen appeals contending that the court’s findings with respect to the assignment of wages and agreement to pay were clearly erroneous, as was its finding that the parties agreed on a purchase price of $2,667.50. We conclude that the trial court’s findings of fact are not clearly erroneous, and we therefore affirm.

This opinion will not be published.

Dist IV, Sauk County, Taggart, J., Vergeront, P.J.

Attorneys:

For Appellant: Gary Roets, Portage

For Respondent: Linda L. Hale, Baraboo