Welch v. Ford Motor Credit Co.

Ruffin, Judge.

Clyde Welch defaulted on his debt to Ford Motor Credit Company (“FMCC”), which financed his purchase of a truck. FMCC repossessed and sold the truck, then filed this action for a deficiency judgment against Welch to recover the remaining debt. Invoking the provisions of OCGA § 10-1-36, Welch claimed that FMCC’s failure to notify him within ten dáys of the repossession that it intended to seek a deficiency prevented the creditor from doing so. The trial court granted summary judgment to FMCC. Because we find a genuine issue of material fact exists as to when the repossession…