Rhoten v. United Virginia Bank

Under Code § 8.9-507(1), a part of the Uniform Commercial Code (hereinafter, the UCC), a debtor is granted the right to recover from a secured party any loss caused by a failure to give the debtor notice of the disposition of collateral that is the subject of a security interest. If the collateral consists of consumer goods, the debtor has the right to recover an amount “not less than the credit service charge plus ten per cent of the principal amount of the debt or the time price differential plus ten per cent of the cash price.”

Invoking this right of recovery, Michael L. Rhoten filed in the…