§ 41-09-120 — (9-625) Remedies for secured party's failure to comply with chapter

North Dakota § 41-09-120

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-09: Secured Transactions

Text

1. 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.

2. Subject to subsections 3, 4, and 6, 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
with a request under section 41-09-20 may include loss resulting from the debtor's
inability to obtain, or increase costs of, alternative financing.
3. Except as otherwise provided in section 41-09-123:
a. 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 in an individual
action damages under subsection 2 for its loss; and
b. 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 in
an individual action 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.
4. A debtor whose deficiency is eliminated under section 41-09-121 may recover in an
individual action damages for the loss of any surplus. However, a debtor or secondary
obligor whose deficiency is eliminated or reduced under section 41-09-121 may not
otherwise recover under subsection 2 for noncompliance with the provisions of
sections 41-09-98 through 41-09-123 relating to collection, enforcement, disposition,
or acceptance.
5. In addition to any damages recoverable under subsection 2, the debtor or person
named as a debtor in a filed record, as applicable, may recover in an individual action
one hundred dollars in each case from a person that:
a. Fails to comply with section 41-09-18;
b. Fails to comply with section 41-09-19;
c. Files a record that the person is not entitled to file under subsection 1 of section
41-09-80; or
d. Fails to comply with section 41-09-84.
6. A debtor or consumer obligor may recover in an individual action damages under
subsection 2 and, in addition, one hundred dollars in each case from a person that,
without reasonable cause, fails to comply with a request under section 41-09-20. A
recipient of a request under section 41-09-20 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.
7. If a secured party fails to comply with a request regarding a list of collateral or a
statement of account under section 41-09-20, 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.