§ 9625
490 words·~2 min read·
/ca/commercial-code/9625A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)If it is established that a secured party is not proceeding in accordance with this division, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions.
(b)Subject to subdivisions (c), (d), and (f), a person is liable for damages in the amount of any loss caused by a failure to comply with this division. Loss caused by a failure to comply may include loss resulting from the debtor’s inability to obtain, or increased costs of, alternative financing.
(c)Except as otherwise provided in Section 9628, a person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subdivision
(b)for its loss.
(d)A debtor whose deficiency is eliminated under Section 9626 may recover damages for the loss of any surplus. However, in a transaction other than a consumer transaction, a debtor or secondary obligor whose deficiency is eliminated or reduced under Section 9626 may not otherwise recover under subdivision
(b)for noncompliance with the provisions of this chapter relating to collection, enforcement, disposition, or acceptance.
(e)In addition to any damages recoverable under subdivision (b), the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover five hundred dollars ($500) in each case from any of the following persons:
(1)A person that fails to comply with Section 9208.
(2)A person that fails to comply with Section 9209.
(3)A person that files a record that the person is not entitled to file under subdivision
(a)of Section 9509.
(4)A person that fails to cause the secured party of record to file or send a termination statement as required by subdivision
(a)or
(c)of Section 9513.
(5)A person that fails to comply with paragraph
(1)of subdivision
(b)of Section 9616 and whose failure is part of a pattern, or consistent with a practice, of noncompliance.
(6)A person that fails to comply with paragraph
(2)of subdivision
(b)of Section 9616.
(f)A debtor or consumer obligor may recover damages under subdivision
(b)and, in addition, five hundred dollars ($500) in each case from a person that, without reasonable cause, fails to comply with a request under Section 9210. A recipient of a request under Section 9210 which never claimed an interest in the collateral or obligations that are the subject of a request under that section has a reasonable excuse for failure to comply with the request within the meaning of this subdivision.
(g)If a secured party fails to comply with a request regarding a list of collateral or a statement of account under Section 9210, the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure.