Credithrift of America, Inc. v. Novak

Plaintiff Credithrift appeals from an order of the district court granting summary judgment for the defendant. Credithrift sued the defendant for the balance due on an installment contract assigned to it by Cycle Sport Yamaha for the purchase of a motorcycle. Defendant moved for summary judgment on the ground that the plaintiff repossessed the motorcycle and, pursuant to ORS 83.830(1), could not now sue for any amounts owed. The court found that there was no genuine issue as to any material fact, that the plaintiff had voluntarily accepted surrender of the motorcycle and was now barred from…