Title 10, Chapter 1, Section 36
( 10-1-36)
When any motor vehicle has 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 the 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 motor vehicle. 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 said repossessed motor vehicle 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 where
the motor vehicle was repossessed, 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 herein shall be deemed to repeal said part. |