02-3023-FT Toyota Financial Services v. Vasel

By: dmc-admin//April 7, 2003//

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James Vasel appeals a summary judgment of replevin of his automobile to Toyota Financial Services and an order denying his motion to dismiss Toyota’s complaint. Vasel argues Toyota’s complaint did not comply with the requirements of the Wisconsin Consumer Act because Toyota failed to attach a legible copy of the sales contract and also failed to specify the facts constituting default. We conclude Toyota’s failure to attach a legible copy of the contract was a technical defect in the pleading that caused no prejudice to Vasel. In addition, we determine the complaint adequately specifies the facts constituting default. Therefore, we affirm the judgment and order.

This opinion will not be published.

Dist III, Eau Claire County, Stark, J., Cane, C.J.

Attorneys:

For Appellant: Daniel R. Freund, Eau Claire

For Respondent: Penny Grey Gentges, Milwaukee; Douglas J. Carroll Jr., Milwaukee

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