10-1-10
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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.