Ford Motor Credit Co. v. Melancon

677 So. 2d 145, 32 U.C.C. Rep. Serv. 2d (West) 370, 95 La.App. 3 Cir. 1221, 1996 La. App. LEXIS 1360, 1996 WL 337111
CourtLouisiana Court of Appeal
DecidedJune 19, 1996
Docket95-1221
StatusPublished
Cited by8 cases

This text of 677 So. 2d 145 (Ford Motor Credit Co. v. Melancon) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford Motor Credit Co. v. Melancon, 677 So. 2d 145, 32 U.C.C. Rep. Serv. 2d (West) 370, 95 La.App. 3 Cir. 1221, 1996 La. App. LEXIS 1360, 1996 WL 337111 (La. Ct. App. 1996).

Opinion

677 So.2d 145 (1996)

FORD MOTOR CREDIT CO., Plaintiff-Appellant,
v.
Maria MELANCON, Defendant-Appellee.

No. 95-1221.

Court of Appeal of Louisiana, Third Circuit.

June 19, 1996.

*146 Edmond Wade Shows, Robert M. Adams, Jr., Baton Rouge, for Ford Motor Credit Company.

Toxie L. Bush, Jr., Abbeville, for Maria Melancon.

Before COOKS, DECUIR and GREMILLION, JJ.

*147 GREMILLION, Judge.

Plaintiff, Ford Motor Credit Company (FMCC) appeals the granting of a summary judgment in favor of the defendant, Maria Melancon, dismissing its Petition for Deficiency Judgment. Finding merit in FMCC's claim, we reverse.

FACTS

On August 30, 1991, Melancon obtained financing from FMCC and purchased a Ford Festiva automobile from Acadiana Ford in Kaplan, Louisiana, for $14,564.32. On June 19, 1992, the automobile was severely damaged and taken to Acadiana Ford for repairs. Because Melancon could not pay for the repairs, Acadiana Ford would not release the repaired car to her. Faced with the repair bill and monthly car notes, Melancon decided she could no longer afford the Festiva and executed a voluntary repossession agreement on December 16, 1992. This agreement states that FMCC "may obtain a judgment to collect any remaining amount due under the obligation after subtracting the agreed upon value." The agreed upon value was $3,000. FMCC then sold the Festiva at an auction for the price of $1,750. Following the sale, FMCC sued on a retail installment contract with voluntary surrender credit for $8,721.73, the amount owed on the contract less the agreed upon value. In response to this suit, Melancon filed a Peremptory Exception of No Right of Action, later amending the exception to include a Motion for Summary Judgment in the alternative. The exception and motion were based on the fact that the voluntary repossession agreement executed by Melancon did not contain the precatory language required by La.R.S. 13:4108.2. On March 27, 1995, the court denied Melancon's peremptory exception of no right of action, but granted her motion for summary judgment.

On appeal, FMCC raises the following issues:

1. Whether the retail installment contract executed by the defendant conferring a security interest in the vehicle to the vendor constitutes a secured transaction under La.R.S. 10:9-102 et seq.
2. Whether La.R.S. 13:4108.2(D) dealing with voluntary surrender agreements applies to consumer transactions that are secured transactions under La.R.S. 10:9-102 et seq.
3. Whether the failure of a secured creditor under La.R.S. 10:9-102 et seq. to comply with the requirements of La. R.S. 13:4108.2(D) dealing with voluntary surrender agreements precludes that secured creditor from maintaining an action for and/or obtaining a deficiency judgment.

SUMMARY JUDGMENT

Appellate courts review summary judgments de novo applying the same criteria that govern the district court's consideration of whether summary judgment is appropriate. Schroeder v. Board of Supervisors of Louisiana State University, 591 So.2d 342 (La.1991). Summary judgment should be granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and the mover is entitled to judgment as a matter of law. La.Code Civ.P. art. 966. Facts are material if they determine the outcome of the legal dispute. South Louisiana Bank v. Williams, 591 So.2d 375 (La.App. 3 Cir.1991), writ denied, 596 So.2d 211 (La. 1992). The determination of the materiality of a particular fact must be made in the light of the applicable substantive law. Sun Belt Constructors v. T & R Dragline Service, Inc., 527 So.2d 350 (La.App. 5 Cir. 1988).

STATUTORY INTERPRETATION

When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature. La.Civ.Code art. 9. When the words of a law are ambiguous, their meaning must be sought by examining the context in which they occur and the text of the law as a whole. La.Civ.Code art. 12. Laws on the same subject matter must be interpreted in reference *148 to each other. La.Civ.Code art. 13. When a statute is ambiguous or susceptible of two reasonable interpretations, statutory interpretation is necessary. State v. Randall, 219 La. 578, 53 So.2d 689 (La.1951). The paramount considerations for statutory interpretation is ascertainment of the legislative intent and the reasons which prompted the legislature to enact the law. Touchard v. Williams, 617 So.2d 885 (La.1993). Judicial construction must aim to attribute reasonable meaning to an entire statutory framework and context. Johnston v. Morehouse Parish Police Jury, 424 So.2d 1053 (La.App. 2 Cir. 1982), writ denied, 427 So.2d 1208 (La.1983).

ANALYSIS

Melancon claims that FMCC is precluded from obtaining a deficiency judgment against her because the voluntary surrender agreement she executed did not contain the precatory language required by the Deficiency Judgment Act, specifically La.R.S. 13:4108.2(D), which reads:

Every agreement for a voluntary surrender of title to property in connection with a consumer transaction as defined above shall contain a statement which notifies the debtor in laymen's terms:
(1)(a) That he has a right to obtain an appraisal, and
(b) That the value of the property assigned has to be three-quarters of the appraised value, and
(2)(a) That by agreeing to the surrender of the property without judicial appraisal and sale, the debtor is waiving any rights he might have under the law to further judicial proceedings governing the judicial sale of his property,
(b) That he is waiving his right to a judicial appraisal and sale, and
(c) That the creditor may obtain a judgment to collect any remaining amount due under the obligation after subtracting the agreed upon value of the property.

The terms of the voluntary repossession agreement executed by Melancon are as follows:

I am unable or unwilling to pay the installments scheduled on the account with respect to the above described vehicle. I, therefore, voluntarily release possession of the vehicle to you for your disposition, and I do hereby convey and transfer all rights, title and interest in and to the above described vehicle, together with my right and claim to any proceeds of insurance, rebates of unearned insurance premiums or any other sums of money that may be due me as a result of the cancellation of this debt, to you for disposition.
You may obtain a judgment to collect any remaining amount due under the obligation after subtracting the agreed upon value of the property from the outstanding balance due on my account.

FMCC asserts that the language required by La.R.S. 13:4108.2(D) is not required in this instance because the underlying transaction was a secured transaction subject to Chapter 9 of the Louisiana Commercial Laws.

The precatory language required by La.R.S.

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677 So. 2d 145, 32 U.C.C. Rep. Serv. 2d (West) 370, 95 La.App. 3 Cir. 1221, 1996 La. App. LEXIS 1360, 1996 WL 337111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-motor-credit-co-v-melancon-lactapp-1996.