2.11 Debtor’s Remedies for Improper Disposition

• Library: Enforcement of Liens and Judgments in Virginia (Virginia CLE) (2019 Ed.)

2.11 DEBTOR'S REMEDIES FOR IMPROPER DISPOSITION

2.1101 Failure to Follow Title 8.9A Procedures. Secured creditors who do not follow procedures required by title 8.9A of the Virginia Code or who breach their duties of good faith and commercial reasonableness may:

1. Be enjoined from further wrongful acts; ¹⁷³

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	2.	Be sued for automatic statutory minimum damages, if the secured party has violated title 8.9A with respect to a consumer-goods transaction; 174
3.	Be sued for damages under section 8.9A-625 in the amount of the loss caused by noncompliance. A damage claim could be asserted by the debtor, a secondary obligor, or other lienholder; 175 and
4.	Be estopped from claiming a security interest for failing to comply with a request regarding a list of collateral or statement of account. 176

2.1102 Action in Which Deficiency or Surplus Is in Issue. section 8.9A-626 of the Virginia Code establishes a rebuttable presumption that relieves a secured party from the need to prove compliance with...