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MI SB0551

Bill

Status

Passed

4/22/2014

Primary Sponsor

Darwin Booher

Click for details

Origin

Senate

97th Legislature

AI Summary

  • Allows courts to order or restrain collection, enforcement, or disposition of collateral when a secured party fails to comply with article 9 of the Uniform Commercial Code.

  • Establishes minimum damages of $500 per violation for failures to comply with sections 9208, 9209, 9509, 9513, 9616, or section 9210 requests, in addition to actual damages recoverable.

  • For consumer goods, debtors or secondary obligors can recover at minimum the credit service charge paid plus 10% of the principal amount, or time-price differential plus 10% of the cash price, if a secured party fails to comply.

  • Shifts burden of proof to secured parties to establish compliance with article 9 procedures once a debtor or secondary obligor raises the issue in a deficiency action.

  • Limits deficiency liability to the difference between the secured obligation plus expenses and attorney fees versus either actual proceeds or the proceeds that would have resulted from compliant procedures, whichever is greater.

Legislative Description

Commercial code; secured transactions; calculation of damages for violation of article 9 by secured party; revise, and extend rules in deficiency actions to consumer transactions. Amends secs. 9625 & 9626 of 1962 PA 174 (MCL 440.9625 & 440.9626).

Civil procedure, remedies

Last Action

Assigned Pa 0104'14 With Immediate Effect

4/22/2014

Committee Referrals

Financial Services10/29/2013
Banking & Financial Institutions9/25/2013

Full Bill Text

No bill text available