SECTIONS 1812.2-1812.5 - California Statutes

CIVIL CODE

SECTION 1812.2-1812.5

1812.2. In the event of any default by the buyer in the performance
of his obligations under a contract or installment account, the
holder, pursuant to any rights granted therein, may proceed to
recover judgment for the balance due without retaking the goods, or
he may retake the goods and proceed as hereinafter provided. If he
retakes the goods, he shall, within 10 days, give notice to the buyer
of his intention to sell the goods at public sale or give notice to
the buyer of his intention to retain the goods in satisfaction of the
balance due. The notice must state the amount of the overdue
payments, that the buyer must pay, if he pays within 10 days of the
notice, in order to redeem the goods. In either case the buyer shall
have an absolute right to redeem the goods within 10 days after the
notice is given by paying or tendering the amount owing under the
contract. If the holder gives notice of election to sell the goods
the buyer shall also have the absolute right to redeem the goods at
any time before sale by paying or tendering the amounts specified
above and also any expense reasonably incurred by the seller or
holder in good faith in repairing, reconditioning the goods or
preparing them for sale. If the holder gives notice of his intention
to retain the goods in satisfaction of the indebtedness he shall be
deemed to have done so at the end of the 10-day period if the goods
are not redeemed; at the time the notice is given, the holder shall
furnish the buyer a written statement of the sum due under the
contract and the expenses provided for in this section. For failure
to render such a statement the holder shall forfeit to the buyer ten
dollars ($10) and also be liable to him for all damages suffered
because of such failure.

1812.3. The notice provided for in Section 1812.2 shall be given to
the buyer and any other person liable by causing it to be delivered
personally or to be deposited in the United States mail addressed to
the buyer or to such other person at his last known address and shall
advise the buyer or such other person of his right to redeem as
provided for in Section 1812.2. If the holder determines to sell the
goods at public sale he shall give notice of the time and place of
sale at least 10 days before the date of sale by delivering a copy of
the notice personally to the buyer or other person liable or
depositing the same in the United States mail addressed to the buyer
or such other person at his last known address.

1812.4. The proceeds of a resale shall be applied (1) to the
payment of the expenses thereof, (2) to the payment of any expenses
of retaking, including reasonable attorney's fees actually incurred,
and of any expenses of keeping, storing, repairing, reconditioning or
preparing the goods for sale to which the holder may be entitled,
(3) to the satisfaction of the balance due under the contract. Any
sum remaining after the satisfaction of such claims shall be paid to
the buyer.

1812.5. If the proceeds of the sale are not sufficient to cover
items (1), (2) and (3) of Section 1812.4, the holder may not recover
the deficiency from the buyer or from anyone who has succeeded to the
obligations of the buyer.