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Cal. COM § 9625

California Statutes

(

a) If it is established that a secured party is not proceeding in accordance with this division, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. (

b) Subject to subdivisions (c), (d), and (f), a person is liable for damages in the amount of any loss caused by a failure to comply with this division. Loss caused by a failure to comply may include loss resulting from the debtor’s inability to obtain, or increased costs of, alternative financing. (

c) Except as otherwise provided in

Section 9628, a person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subdivision (

b) for its loss. (

d) A debtor whose deficiency is eliminated under

Section may recover damages for the loss of any surplus. However, in a transaction other than a consumer transaction, a debtor or secondary obligor whose deficiency is eliminated or reduced under

Section may not otherwise recover under subdivision (

b) for noncompliance with the provisions of this

chapter relating to collection, enforcement, disposition, or acceptance. (

e) In addition to any damages recoverable under subdivision (b), the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover five hundred dollars ($500) in each case from any of the following persons:

(1) A person that fails to comply with

Section 9208.

(2) A person that fails to comply with

Section 9209.

(3) A person that files a record that the person is not entitled to file under subdivision (

a) of

Section 9509.

(4) A person that fails to cause the secured party of record to file or send a termination statement as required by subdivision (

a) or (

c) of

Section 9513.

(5) A person that fails to comply with paragraph (1) of subdivision (

b) of

Section and whose failure is part of a pattern, or consistent with a practice, of noncompliance.

(6) A person that fails to comply with paragraph (2) of subdivision (

b) of

Section 9616. (

f) A debtor or consumer obligor may recover damages under subdivision (

b) and, in addition, five hundred dollars ($500) in each case from a person that, without reasonable cause, fails to comply with a request under

Section 9210. A recipient of a request under

Section which never claimed an interest in the collateral or obligations that are the subject of a request under that

section has a reasonable excuse for failure to comply with the request within the meaning of this subdivision. (

g) If a secured party fails to comply with a request regarding a list of collateral or a statement of account under

Section 9210, the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure.

Document details

CollectionCalifornia Statutes
CitationCal. COM § 9625
Date2001-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCOM9625.2000100346

Default

Cal. COM § 9625

California Statutes

Default

Cal. COM § 9625

California Statutes

(

a) If it is established that a secured party is not proceeding in accordance with this division, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. (

b) Subject to subdivisions (c), (d), and (f), a person is liable for damages in the amount of any loss caused by a failure to comply with this division. Loss caused by a failure to comply may include loss resulting from the debtor’s inability to obtain, or increased costs of, alternative financing. (

c) Except as otherwise provided in

Section 9628, a person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subdivision (

b) for its loss. (

d) A debtor whose deficiency is eliminated under

Section may recover damages for the loss of any surplus. However, in a transaction other than a consumer transaction, a debtor or secondary obligor whose deficiency is eliminated or reduced under

Section may not otherwise recover under subdivision (

b) for noncompliance with the provisions of this

chapter relating to collection, enforcement, disposition, or acceptance. (

e) In addition to any damages recoverable under subdivision (b), the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover five hundred dollars ($500) in each case from any of the following persons:

(1) A person that fails to comply with

Section 9208.

(2) A person that fails to comply with

Section 9209.

(3) A person that files a record that the person is not entitled to file under subdivision (

a) of

Section 9509.

(4) A person that fails to cause the secured party of record to file or send a termination statement as required by subdivision (

a) or (

c) of

Section 9513.

(5) A person that fails to comply with paragraph (1) of subdivision (

b) of

Section and whose failure is part of a pattern, or consistent with a practice, of noncompliance.

(6) A person that fails to comply with paragraph (2) of subdivision (

b) of

Section 9616. (

f) A debtor or consumer obligor may recover damages under subdivision (

b) and, in addition, five hundred dollars ($500) in each case from a person that, without reasonable cause, fails to comply with a request under

Section 9210. A recipient of a request under

Section which never claimed an interest in the collateral or obligations that are the subject of a request under that

section has a reasonable excuse for failure to comply with the request within the meaning of this subdivision. (

g) If a secured party fails to comply with a request regarding a list of collateral or a statement of account under

Section 9210, the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure.

Document details

CollectionCalifornia Statutes
CitationCal. COM § 9625
Date2001-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCOM9625.2000100346