Pennsylvania State Law Remedies in Addition to FDCPA Damages – Part One: PA Uniform Commercial Code

27 Mar Pennsylvania State Law Remedies in Addition to FDCPA Damages – Part One: PA Uniform Commercial Code

If you have suffered from a violation of the Fair Debt Collection Practices Act, chances are that you may have suffered injuries under Pennsylvania’s version of the UCC (Uniform Commercial Code) or Pennsylvania tort (personal injury) law as well.  In this segment, I will discuss the Pennsylvania Uniform Commercial Code. 

Pennsylvania Uniform Commercial Code

This could apply in an automobile repossession case.  For example, a consumer defaults on their car loan payments.  The car loan company repossesses the car and sells it for less than is owed on the car.  There is left what is called a deficiency balance.  The deficiency balance is sent to a collection agency that violates the FDCPA. 

The Pennsylvania UCC (13 Pa. C.S. 9609) provides that, after default, a car loan company may take possession of the car without a court order provided that “it proceeds without breach of the peace.”  13 Pa. C.S. 9609(b)(2).  Further 69 P.S. Section 623B provides that “unless the motor vehicle can be retaken without breach of the peace, it shall be retaken by legal process, but nothing herein [in the law] shall be construed to authorize a violation of criminal law.” 

How does the PA UCC come in to play?  Add to the facts that the car loan company, while repossessing the car, breaks in to your garage.  That certainly would be a breach of the peace and actionable under Pennsylvania law.

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