Title 10, Chapter 1, Section 10
( 10-1-10)
When any goods have been repossessed after default in accordance
with Part 5 of Article 9 of Title 11, the seller or holder shall not
be entitled to recover a deficiency against the buyer unless within
ten days after said repossession he forwards by registered or
certified mail or statutory overnight delivery to the address of the
buyer shown on the contract or later designated by the buyer a
notice of the seller's or holder's intention to pursue a deficiency
claim against the buyer. The notice shall also advise the buyer of
his rights of redemption, as well as his right to demand a public
sale of the repossessed goods. In the event the buyer exercises his
right to demand a public sale of the goods, he shall in writing so
advise the seller or holder of his election by registered or
certified mail or statutory overnight delivery addressed to the
seller or holder at the address from which the seller's or holder's
notice emanated, within ten days after the posting of the original
seller's or holder's notice. In the event of election of such public sale by the buyer, the
seller or holder shall dispose of the repossessed goods at a public
sale as provided by law, to be held in the state and county where
the original sale took place or the state and county of the buyer's
residence, at the seller's election. This Code section is cumulative of Part 5 of Article 9 of Title 11
and provides cumulative additional rights and remedies which must be
fulfilled before any deficiency claim will lie against a buyer, and
nothing in this Code section shall be deemed to repeal said part. |