---
title: O.C.G.A. § 10-1-10. Disposition of goods repossessed after default; right to recover deficiency.
collection: code
id: 10-1-10
cite_as: O.C.G.A. § 10-1-10 (2025)
canonical_url: https://georgiacommons.org/code/10-1-10
md_url: https://georgiacommons.org/code/10-1-10.md
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source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t10-(v8)-2024-pdf.pdf?sfvrsn=1992b47e_0#page=45
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCE AND TRADE / SELLING AND OTHER TRADE PRACTICES / RETAIL INSTALLMENT AND HOME SOLICITATION SALES
---

# O.C.G.A. § 10-1-10. Disposition of goods repossessed after default; right to recover deficiency.

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.

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 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.

## History

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

## Cross References

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

## Code Commission Notes

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

## 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).