Rhoten v. Chevy Chase Savings Bank, F.S.B.

By Judge Melvin R. Hughes, Jr.

In a two count motion for judgment, plaintiffs (Rhoten) seek a declaration of their rights and obligations as to the defendant, Chevy Chase Savings Bank (the bank) and a money judgment under § 8.9-507. The case revolves around an installment sales contract for the purchase of an automobile. The bank demurs to count 1, the count seeking a declaration, on the ground that plaintiffs have failed to state a cause of action; it also demurs to count 2, the count seeking a money judgment, on the ground that plaintiffs’ own statements reveal that post repossession notice…