Legal Opinion · Dissent

Ford Motor Credit Co. v. Hunt

Court of Appeals of Georgia

Decided February 28, 1977No. 52926Published

1DissentMarshall, Judge

The creditor’s right to repossession, without notice, is a remedy additional to and independent of its right to declare acceleration, both under the law and under the terms of this contract. Notice prior to repossession is not required under the UCC1 nor by the Constitution.2

The majority finds notice required by the terms of the contract because the creditor must declare (out loud) acceleration and "then” repossess. Such a construction is *616contrary to the law and to the intent of the parties.

Repossession is not triggered by declaration of acceleration. Code Ann. § 109A-9 — 503 provides that…

2Cases cited13 opinions

  1. King v. South Jersey National BankSupreme Court of New Jersey · 1974
  2. Phil Phillips Ford, Inc. v. St. Paul Fire & Marine Insurance Co.Texas Supreme Court · 1971
  3. Weaver v. O'Meara Motor CompanyAlaska Supreme Court · 1969
  4. McCullough v. Mobiland, Inc.Court of Appeals of Georgia · 1976
  5. Chrysler Credit Corp. v. BarnesCourt of Appeals of Georgia · 1972

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