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ERDMANN v. RANTS

Civ. No. 890075.

442 N.W.2d 441 (1989)

Richard ERDMANN and Lorraine Erdmann, Plaintiffs and Appellees, v. Harold RANTS, Jr., Defendant and Appellant.

Supreme Court of North Dakota.

June 27, 1989.

Attorney(s) appearing for the Case

Legal Assistance of North Dakota, Bismarck, for defendant and appellant; argued by Stephen A. Flynn.

Severin and Ringsak, Bismarck, for plaintiffs and appellees; argued by Ken R. Sorenson, Bismarck.

LEVINE, Justice.

The question presented is whether a defaulting debtor is entitled to recover statutory damages under NDCC § 41-09-53(1) [UCC 9-507], when repossessed secured property, a consumer good, was sold by the creditors in a commercially reasonable manner, but without prior notice of the sale to the debtor. We hold that the debtor is entitled to statutory damages for the creditors' failure to give prior notice...

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