Legal Opinion

CREDITHRIFT OF AMERICA, INC., NUMBER 2 v. Smith

Court of Appeals of Georgia

Decided September 19, 1983No. 66563PublishedCited by 5 opinions

1Opinion of the Court

Birdsong, Judge.

Credithrift sued for a deficiency judgment following the sale of Smith’s repossessed collateral. The trial court directed a verdict for Smith on grounds that Credithrift insufficiently notified Smith of his right to redeem the collateral at any time prior to the time the collateral would be sold, pursuant to OCGA §§ 10-1-10 (Code Ann. § 96-909) and 11-9-506 (Code Ann. § 109A-9 — 506). See also Gary v. GMAC, 128 Ga. App. 10 (195 SE2d 458). A motion for new trial was denied on the same grounds. Held:

Credithrift’s notification to Smith provided: “You have the right to redeem…

2Cases cited2 opinions

  1. Motor Contract Co. v. SawyerCourt of Appeals of Georgia · 1971
  2. Gary v. General Motors Acceptance CorporationCourt of Appeals of Georgia · 1973

3Cited by5 opinions

  1. Moore v. Fidelity Financial Services, Inc.District Court, N.D. Illinois · 1994
  2. Bradford v. GENERAL ELECTRIC CREDIT CORPORATION OF GEORGIACourt of Appeals of Georgia · 1987
  3. Parham v. Peterson, Goldman & VillaniCourt of Appeals of Georgia · 2009
  4. John Deere Construction & Forestry Co. v. ParhamCourt of Appeals of Georgia · 2014
  5. John Deere Construction & Forestry Company v. Carl S. ParhamCourt of Appeals of Georgia · 2014

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