Benton-Lincoln Credit Service, Inc. v. Giffin

The only question presented on appeal in this case is the adequacy of the notice given third party plaintiff (plaintiff) pursuant to ORS 79.5040(3) after repossession and before the sale of the pickup truck third party defendant (defendant) 1 had contracted to buy. The trial court determined on the basis of stipulated facts that the notice was inadequate, and judgment was entered for plaintiff. We affirm.

Plaintiff defaulted on an installment contract for the purchase of a pickup truck, and voluntarily surrendered possession to the financing institution (secured party) on March 9, 1979. On…