Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 10. COMMERCE AND TRADE · Chapter 1. SELLING AND OTHER TRADE PRACTICES · Article 1. RETAIL INSTALLMENT AND HOME SOLICITATION SALES

10-1-10. Disposition of goods repossessed after default; right to recover deficiency.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. When any goods have been repossessed after default in accordance with Part 6 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.

  2. 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.

  3. This Code section is cumulative of Part 6 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.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1967, p. 659, § 9; Ga. L. 2000, p. 1589, § 3.

Code Commission notes

Pursuant to Code Section 28-9-5, in 2009, “Part 6” was substituted for “Part 5” twice in this Code section.

Cross references

Uniform Commercial Code provisions regarding secured party’s right to dispose of collateral after default, § 11-9-402.

Law reviews

For annual survey on commercial law, see 36 Mercer L. Rev. 115 (1984). For article, “Nonjudicial Foreclosures in Georgia Revisited,” see 24 Ga. St. B. J. 43 (1987).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t10-(v8)-2024-pdf.pdf, Volume V8, 2024 edition, pages 45 to 46; merge action: carried; file SHA-256 7afbade16da7.