My question involves an auto loan or repossession in the State of: Georgia
I recently had a car reposed. The place never sent a 10 day letter as required by the state of Ga. Several months later I get served with a notice that they are suing me for past due payments, repo fee, and 10% of the payoff of the car. I understand that according to Ga law without sending me this 10 day letter and advising me of my rights to remedy they can't sue me for any deficiency. I am under the impression that the car is collateral for the loan and if I don't pay they can take the car and sell it then following the law take me to court for the remainder of the balance but this isn't what happened and this isn't what they are suing me for. I figure they are trying for a quick judgement thinking I will not show and get a default against me so I of course answer and go to court. The judge, even after I point out the law to him, rules in their favor that I owe them for the amount of the passed due payments and court cost. I am stunned and figured that it was a frivolous lawsuit and would of been thrown out or ruled in my favor. I am gonna appeal this of course but was wondering how best to proceed?
When a motor vehicle has been repossessed after default in accordance with Part 5 of Article 9 of the Uniform
Commercial Code, the secured party may not recover a deficiency against buyer unless, within ten days after
repossession, he forwards by registered or certified mail to address of buyer shown on contract or later
designated by buyer, a notice of the intention of secured party to pursue a deficiency claim against buyer. The
notice must also advise buyer of right of redemption, and right to demand a public sale of repossessed vehicle.
In event buyer exercises right to demand a public sale, he must advise holder in writing of election by registered
or certified mail, addressed to holder at address from which holder's notice emanated, within ten days after the
posting of the original notice. With election by buyer, holder must dispose of vehicle at a public sale as provided
by law, in the state and county where original sale took place, or state and county where vehicle was
repossessed, or state and county of buyer's residence, at holder's election. This provides cumulative additional
rights and remedies to the Uniform Commercial Code Provisions which must be fulfilled before deficiency claim
will lie against a buyer. See Georgia Code Section 10-1-36