Green v. Citizens & Southern Bank

Banke, Judge.

The appeal in Case No. 59012 is from the denial of appellant’s motion to set aside a judgment against him based on a non-amendable defect upon the face of the record. Code Ann. § 81A-16Q (d). The judgment was entered in a suit for principal and interest due after default on a conditional sales contract for an automobile. The alleged defect is the presence of an acceleration clause in the contract which allegedly authorizes collection of unearned finance charges in violation of Code Ann. § 96-1004 (a), which sets limitations upon finance charges in motor vehicle sales contracts.…