(a)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.
(b)Subject to subsections (c), (d), and (f) of this section, 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 may include loss resulting from the debtor's
inability to obtain, or increased costs of, alternative financing.
(c)Except as otherwise provided in section 4-9-628:
(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 it
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(a) 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.
(b) Subject to subsections (c), (d), and (f) of this section, 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 may include loss resulting from the debtor's
inability to obtain, or increased costs of, alternative financing.
(c) Except as otherwise provided in section 4-9-628:
(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
secondary obligor at the time a secured party failed to comply with this part 6 may
recover for that failure in any event an amount not less than the credit service
charge plus ten percent of the principal amount of the obligation or the time-price
differential plus ten percent of the cash price.
(d) A debtor whose deficiency is eliminated under section 4-9-626 may
recover damages for the loss of any surplus. However, a debtor or secondary
obligor whose deficiency is eliminated or reduced under section 4-9-626 may not
otherwise recover under subsection (b) of this section for noncompliance with the
provisions of this part 6 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 five hundred dollars in each case from a person that:
(1) Fails to comply with section 4-9-208;
(2) Fails to comply with section 4-9-209;
(3) Files a record that the person is not entitled to file under section 4-9-509
(a);
(4) Fails to cause the secured party of record to file or send a termination
statement as required by section 4-9-513 (a) or (c);
(5) Fails to comply with section 4-9-616 (b)(1) and whose failure is part of a
pattern, or consistent with a practice, of noncompliance; or
(6) Fails to comply with section 4-9-616 (b)(2).
(f) A debtor or consumer obligor may recover damages under subsection (b)
of this section and, in addition, five hundred dollars in each case from a person that,
without reasonable cause, fails to comply with a request under section 4-9-210. A
recipient of a request under section 4-9-210 which never claimed an interest in the
collateral or obligations that are the subject of a request under that section has a
reasonable excuse for failure to comply with the request within the meaning of this
subsection (f).
(g) If a secured party fails to comply with a request regarding a list of
collateral or a statement of account under section 4-9-210, the secured party may
claim a security interest only as shown in the list or statement included in the
request as against a person that is reasonably misled by the failure.
(h) If a person in the course of taking possession of collateral by self-help
breaches the peace as defined in paragraph (1), (2), or (3) of subsection (h) of
section 4-9-601 or uses uniformed law enforcement officers without the benefit of
judicial process, that person shall be liable to the debtor for one thousand dollars
as a penalty.
(i) The prevailing party in any legal action, other than a class action, under
this section may also recover reasonable attorney's fees and reasonable legal
expenses; except that as to consumer transactions, such attorney's fees for any
party shall not exceed fifteen percent of the unpaid debt or such additional fee as
may be directed by the court.
(j) The number five hundred dollars as provided in subsections (e) and (f) of
this section shall be increased on July 1, 2004, and on July 1 of each third
succeeding year in accordance with any aggregate increase in the United States
department of labor bureau of labor statistics consumer price index for all urban
consumers for the Denver-Boulder consolidated metropolitan statistical area for
the preceding three calendar years as reflected in the final consumer price index
for the Denver-Boulder consolidated metropolitan statistical area for the calendar
year immediately preceding the calendar year in which the adjustment is to be
made; except that:
(1) Such dollar amount shall not be increased if such final consumer price
index does not reflect an aggregate increase in the consumer price index for the
preceding three calendar years and shall be decreased if such final consumer price
index reflects an aggregate decrease in the consumer price index for the preceding
three calendar years.
(2) The dollar amount as adjusted pursuant to this subsection (j) shall be
rounded to the nearest ten dollars.