| | | NONCOMPLIANCE WITH ARTICLE |
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| | | §9-1625.__Remedies for secured party's failure to comply with |
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| | | (1)__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. |
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| | | (2)__Subject to subsections (3), (4) and (6), 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 | | with a request under section 9-1210 may include loss resulting | | from the debtor's inability to obtain, or increased costs of, | | alternative financing. |
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| | | (3)__Except as otherwise provided in section 9-1628: |
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| | | (a)__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 (2) for its loss; and |
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| | | (b)__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 10% of the principal amount of the obligation or | | the time-price differential plus 10% of the cash price. |
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| | | (4)__A debtor whose deficiency is eliminated under section 9- | | 1626 may recover damages for the loss of any surplus.__However, a | | debtor or secondary obligor whose deficiency is eliminated or | | reduced under Section 9-1626 may not otherwise recover under | | subsection (2) for noncompliance with the provisions of this part | | relating to collection, enforcement, disposition or acceptance. |
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| | | (5)__In addition to any damages recoverable under subsection | | (2), the debtor, consumer obligor or person named as a debtor in | | a filed record, as applicable, may recover $500 in each case from | | a person that: |
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| | | (a)__Fails to comply with section 9-1208; |
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| | | (b)__Fails to comply with section 9-1209; |
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| | | (c)__Files a record that the person is not entitled to file | | under section 9-1509, subsection (1); |
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