Okla. Stat. tit. 12A, § 12A-1-9-625
This is the official text of Okla. Stat. tit. 12A, § 12A-1-9-625, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Remedies for secured party’s failure to comply with
Official statutory text
article.
REMEDIES FOR SECURED PARTY’S
FAILURE TO COMPLY WITH ARTICLE
(a) If it is established that a secured party is not proceeding
in accordance with this article, a court may order or restrain
collection, enforcement, or disposition of collateral on appropriate
terms and conditions.
(b) Subject to subsections (c), (d), and (f) of this section, a
person is liable for damages in the amount of any loss caused by a
failure to comply with this article. 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 1-9-628 of this
title:
(1) 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 subsection (b) of this section
for its loss; and
(2) if the collateral is consumer goods, a person that was a
debtor or a secondary obligor at the time a secured party failed to
comply with this part may recover for that failure in any event an
amount not less than the credit service charge plus ten percent
(10%) of the principal amount of the obligation or the time-price
differential plus ten percent (10%) of the cash price.
(d) A debtor whose deficiency is eliminated under Section 1-9-
626 of this title may recover damages for the loss of any surplus.
However, a debtor or secondary obligor whose deficiency is
eliminated or reduced under Section 1-9-626 of this title may not
otherwise recover under subsection (b) of this section for
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 157
noncompliance with the provisions of this part relating to
collection, enforcement, disposition, or acceptance.
(e) In addition to any damages recoverable under subsection (b)
of this section, the debtor, consumer obligor, or person named as a
debtor in a filed record, as applicable, may recover Five Hundred
Dollars ($500.00) in each case from a person that:
(1) fails to comply with Section 1-9-208 of this title;
(2) fails to comply with Section 1-9-209 of this title;
(3) files a record that the person is not entitled to file
under subsection (a) of Section 1-9-509 of this title;
(4) fails to cause the secured party of record to file or send
a termination statement as required by subsection (a) or (c) Section
1-9-513 of this title;
(5) fails to comply with paragraph (1) of subsection (b) of
Section 1-9-616 of this title and whose failure is part of a
pattern, or consistent with a practice, of noncompliance; or
(6) fails to comply with paragraph (2) of subsection (b) of
Section 1-9-616 of this title.
(f) A debtor or consumer obligor may recover damages under
subsection (b) of this section and, in addition, Five Hundred
Dollars ($500.00) in each case from a person that, without
reasonable cause, fails to comply with a request under Section 1-9-
210 of this title. A recipient of a request under Section 1-9-210
of this title 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 subsection.
(g) If a secured party fails to comply with a request regarding
a list of collateral or a statement of account under Section 1-9-210
of this title, 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.
REMEDIES FOR SECURED PARTY’S
FAILURE TO COMPLY WITH ARTICLE
(a) If it is established that a secured party is not proceeding
in accordance with this article, a court may order or restrain
collection, enforcement, or disposition of collateral on appropriate
terms and conditions.
(b) Subject to subsections (c), (d), and (f) of this section, a
person is liable for damages in the amount of any loss caused by a
failure to comply with this article. 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 1-9-628 of this
title:
(1) 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 subsection (b) of this section
for its loss; and
(2) if the collateral is consumer goods, a person that was a
debtor or a secondary obligor at the time a secured party failed to
comply with this part may recover for that failure in any event an
amount not less than the credit service charge plus ten percent
(10%) of the principal amount of the obligation or the time-price
differential plus ten percent (10%) of the cash price.
(d) A debtor whose deficiency is eliminated under Section 1-9-
626 of this title may recover damages for the loss of any surplus.
However, a debtor or secondary obligor whose deficiency is
eliminated or reduced under Section 1-9-626 of this title may not
otherwise recover under subsection (b) of this section for
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 157
noncompliance with the provisions of this part relating to
collection, enforcement, disposition, or acceptance.
(e) In addition to any damages recoverable under subsection (b)
of this section, the debtor, consumer obligor, or person named as a
debtor in a filed record, as applicable, may recover Five Hundred
Dollars ($500.00) in each case from a person that:
(1) fails to comply with Section 1-9-208 of this title;
(2) fails to comply with Section 1-9-209 of this title;
(3) files a record that the person is not entitled to file
under subsection (a) of Section 1-9-509 of this title;
(4) fails to cause the secured party of record to file or send
a termination statement as required by subsection (a) or (c) Section
1-9-513 of this title;
(5) fails to comply with paragraph (1) of subsection (b) of
Section 1-9-616 of this title and whose failure is part of a
pattern, or consistent with a practice, of noncompliance; or
(6) fails to comply with paragraph (2) of subsection (b) of
Section 1-9-616 of this title.
(f) A debtor or consumer obligor may recover damages under
subsection (b) of this section and, in addition, Five Hundred
Dollars ($500.00) in each case from a person that, without
reasonable cause, fails to comply with a request under Section 1-9-
210 of this title. A recipient of a request under Section 1-9-210
of this title 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 subsection.
(g) If a secured party fails to comply with a request regarding
a list of collateral or a statement of account under Section 1-9-210
of this title, 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.
Status: in_force · Read it on the official government site
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