Green v. Citizens & Southern Bank

Court of Appeals of Georgia

Green v. Citizens & Southern Bank

265 S.E.2d 286, 153 Ga. App. 342, 1980 Ga. App. LEXIS 1798

CourtCourt of Appeals of Georgia

DecidedJanuary 7, 1980

Docket59012, 59013

StatusPublished

This text of 265 S.E.2d 286 (Green v. Citizens & Southern Bank) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Green v. Citizens & Southern Bank, 265 S.E.2d 286, 153 Ga. App. 342, 1980 Ga. App. LEXIS 1798 (Ga. Ct. App. 1980).

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Opinion

Banke, Judge.

The appeal in Case No. 59012 is from the denial of appellant’s motion to set aside a judgment against him based on a non-amendable defect upon the face of the record. Code Ann. § 81A-16Q (d). The judgment was entered in a suit for principal and interest due after default on a conditional sales contract for an automobile. The alleged defect is the presence of an acceleration clause in the contract which allegedly authorizes collection of unearned finance charges in violation of Code Ann. § 96-1004 (a), which sets limitations upon finance charges in motor vehicle sales contracts. Case No. 59013 is an appeal from the denial of appellant’s traverse to an affidavit of garnishment seeking to collect the same judgment.

Appellant’s position that the judgment is void is based on analogies to cases construing the Georgia Industrial Loan Act and to cases wherein the record clearly disclosed that the judgment complained of included unearned interest. Held:

"The mere presence of [the] acceleration clause is not violative of the Motor Vehicle Financing haw.” Porter v. Midland-Guardian Co., 145 Ga. App. 262, 263 (243 SE2d 595) (1978). Furthermore, the record does not disclose affirmatively that unearned interest was included in the judgment.

Judgment affirmed.

Quillian, P. J., and McMurray, P. J., concur. W. E. Lockette, for appellant. Alfred Corrierre, for appellee.

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Banke, Judge.

The appeal in Case No. 59012 is from the denial of appellant’s motion to set aside a judgment against him based on a non-amendable defect upon the face of the record. Code Ann. § 81A-16Q (d). The judgment was entered in a suit for principal and interest due after default on a conditional sales contract for an automobile. The alleged defect is the presence of an acceleration clause in the contract which allegedly authorizes collection of unearned finance charges in violation of Code Ann. § 96-1004 (a), which sets limitations upon finance charges in motor vehicle sales contracts. Case No. 59013 is an appeal from the denial of appellant’s traverse to an affidavit of garnishment seeking to collect the same judgment.

Appellant’s position that the judgment is void is based on analogies to cases construing the Georgia Industrial Loan Act and to cases wherein the record clearly disclosed that the judgment complained of included unearned interest. Held:

"The mere presence of [the] acceleration clause is not violative of the Motor Vehicle Financing haw.” Porter v. Midland-Guardian Co., 145 Ga. App. 262, 263 (243 SE2d 595) (1978). Furthermore, the record does not disclose affirmatively that unearned interest was included in the judgment.

Judgment affirmed.

Quillian, P. J., and McMurray, P. J., concur. W. E. Lockette, for appellant. Alfred Corrierre, for appellee.

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Bluebook (online)

265 S.E.2d 286, 153 Ga. App. 342, 1980 Ga. App. LEXIS 1798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-citizens-southern-bank-gactapp-1980.

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