28-9-625. REMEDIES FOR SECURED PARTY’S FAILURE TO COMPLY WITH CHAPTER. (a) If it is established that a secured party is not proceeding in accordance with this chapter, a court may order or restrain collection, enforcement or disposition of collateral on appropriate terms and conditions.
(b) Subject to subsections (c) and (d) of this section, a person is liable for damages in the amount of any loss caused by a failure to comply with this chapter. 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 28-9-628:
(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 28-9-626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under section 28-9-626 may not otherwise recover under subsection (b) of this section for 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 one hundred dollars ($100) in each case from a person that:
(1) Files a record that the person is not entitled to file under section 28-9-509(a);
(2) Fails to cause the secured party of record to file or send a termination statement as required by section 28-9-513(a) or (c).
(f) If a secured party fails to comply with a request regarding a list of collateral or a statement of account under section 28-9-210, the secured party may claim a security interest only as shown in the statement included in the request as against a person that is reasonably misled by the failure.
History:
[28-9-625, added 2001, ch. 208, sec. 2, p. 794.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 9 - SECURED TRANSACTIONS
Section 28-9-602 - WAIVER AND VARIANCE OF RIGHTS AND DUTIES.
Section 28-9-603 - AGREEMENT ON STANDARDS CONCERNING RIGHTS AND DUTIES.
Section 28-9-604 - PROCEDURE IF SECURITY AGREEMENT COVERS REAL PROPERTY OR FIXTURES.
Section 28-9-605 - UNKNOWN DEBTOR OR SECONDARY OBLIGOR.
Section 28-9-606 - TIME OF DEFAULT FOR AGRICULTURAL LIEN.
Section 28-9-607 - COLLECTION AND ENFORCEMENT BY SECURED PARTY.
Section 28-9-609 - SECURED PARTY’S RIGHT TO TAKE POSSESSION AFTER DEFAULT.
Section 28-9-610 - DISPOSITION OF COLLATERAL AFTER DEFAULT.
Section 28-9-611 - NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.
Section 28-9-612 - TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.
Section 28-9-613 - CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL — GENERAL.
Section 28-9-616 - EXPLANATION OF CALCULATION OF SURPLUS OR DEFICIENCY.
Section 28-9-617 - RIGHTS OF TRANSFEREE OF COLLATERAL.
Section 28-9-618 - RIGHTS AND DUTIES OF CERTAIN SECONDARY OBLIGORS.
Section 28-9-619 - TRANSFER OF RECORD OR LEGAL TITLE.
Section 28-9-621 - NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL.
Section 28-9-622 - EFFECT OF ACCEPTANCE OF COLLATERAL.
Section 28-9-623 - RIGHT TO REDEEM COLLATERAL.
Section 28-9-625 - REMEDIES FOR SECURED PARTY’S FAILURE TO COMPLY WITH CHAPTER.
Section 28-9-626 - ACTION IN WHICH DEFICIENCY OR SURPLUS IS IN ISSUE.
Section 28-9-627 - DETERMINATION OF WHETHER CONDUCT WAS COMMERCIALLY REASONABLE.