§ 8.9A-625. Remedies for secured party's failure to comply with title.
(a) Judicial orders concerning noncompliance. If it is established that asecured party is not proceeding in accordance with this title, a court mayorder or restrain collection, enforcement, or disposition of collateral onappropriate terms and conditions.
(b) Damages for noncompliance. Subject to subsections (c), (d), and (f), aperson is liable for damages in the amount of any loss caused by a failure tocomply with this title. Loss caused by a failure to comply may include lossresulting from the debtor's inability to obtain, or increased costs of,alternative financing.
(c) Persons entitled to recover damages; statutory damages in consumer-goodstransaction. Except as otherwise provided in § 8.9A-628:
(1) a person that, at the time of the failure, was a debtor, was an obligor,or held a security interest in or other lien on the collateral may recoverdamages under subsection (b) for its loss; and
(2) if the collateral is consumer goods, a person that was a debtor or asecondary obligor at the time a secured party failed to comply with this partmay recover for that failure in any event an amount not less than the creditservice charge plus ten percent of the principal amount of the obligation orthe time-price differential plus ten percent of the cash price.
(d) Recovery when deficiency eliminated or reduced. A debtor whose deficiencyis eliminated under § 8.9A-626 may recover damages for the loss of anysurplus. However, a debtor or secondary obligor whose deficiency iseliminated or reduced under § 8.9A-626 may not otherwise recover undersubsection (b) for noncompliance with the provisions of this part relating tocollection, enforcement, disposition, or acceptance.
(e) Limitation of security interest; noncompliance with § 8.9A-210. If asecured party fails to comply with a request regarding a list of collateralor a statement of account under § 8.9A-210, the secured party may claim asecurity interest only as shown in the list or statement included in therequest as against a person that is reasonably misled by the failure.
§ 8.9A-625. Remedies for secured party's failure to comply with title.
(a) Judicial orders concerning noncompliance. If it is established that asecured party is not proceeding in accordance with this title, a court mayorder or restrain collection, enforcement, or disposition of collateral onappropriate terms and conditions.
(b) Damages for noncompliance. Subject to subsections (c), (d), and (f), aperson is liable for damages in the amount of any loss caused by a failure tocomply with this title. Loss caused by a failure to comply may include lossresulting from the debtor's inability to obtain, or increased costs of,alternative financing.
(c) Persons entitled to recover damages; statutory damages in consumer-goodstransaction. Except as otherwise provided in § 8.9A-628:
(1) a person that, at the time of the failure, was a debtor, was an obligor,or held a security interest in or other lien on the collateral may recoverdamages under subsection (b) for its loss; and
(2) if the collateral is consumer goods, a person that was a debtor or asecondary obligor at the time a secured party failed to comply with this partmay recover for that failure in any event an amount not less than the creditservice charge plus ten percent of the principal amount of the obligation orthe time-price differential plus ten percent of the cash price.
(d) Recovery when deficiency eliminated or reduced. A debtor whose deficiencyis eliminated under § 8.9A-626 may recover damages for the loss of anysurplus. However, a debtor or secondary obligor whose deficiency iseliminated or reduced under § 8.9A-626 may not otherwise recover undersubsection (b) for noncompliance with the provisions of this part relating tocollection, enforcement, disposition, or acceptance.
(e) Limitation of security interest; noncompliance with § 8.9A-210. If asecured party fails to comply with a request regarding a list of collateralor a statement of account under § 8.9A-210, the secured party may claim asecurity interest only as shown in the list or statement included in therequest as against a person that is reasonably misled by the failure.
§ 8.9A-625. Remedies for secured party's failure to comply with title.
(a) Judicial orders concerning noncompliance. If it is established that asecured party is not proceeding in accordance with this title, a court mayorder or restrain collection, enforcement, or disposition of collateral onappropriate terms and conditions.
(b) Damages for noncompliance. Subject to subsections (c), (d), and (f), aperson is liable for damages in the amount of any loss caused by a failure tocomply with this title. Loss caused by a failure to comply may include lossresulting from the debtor's inability to obtain, or increased costs of,alternative financing.
(c) Persons entitled to recover damages; statutory damages in consumer-goodstransaction. Except as otherwise provided in § 8.9A-628:
(1) a person that, at the time of the failure, was a debtor, was an obligor,or held a security interest in or other lien on the collateral may recoverdamages under subsection (b) for its loss; and
(2) if the collateral is consumer goods, a person that was a debtor or asecondary obligor at the time a secured party failed to comply with this partmay recover for that failure in any event an amount not less than the creditservice charge plus ten percent of the principal amount of the obligation orthe time-price differential plus ten percent of the cash price.
(d) Recovery when deficiency eliminated or reduced. A debtor whose deficiencyis eliminated under § 8.9A-626 may recover damages for the loss of anysurplus. However, a debtor or secondary obligor whose deficiency iseliminated or reduced under § 8.9A-626 may not otherwise recover undersubsection (b) for noncompliance with the provisions of this part relating tocollection, enforcement, disposition, or acceptance.
(e) Limitation of security interest; noncompliance with § 8.9A-210. If asecured party fails to comply with a request regarding a list of collateralor a statement of account under § 8.9A-210, the secured party may claim asecurity interest only as shown in the list or statement included in therequest as against a person that is reasonably misled by the failure.
