deficiency claim (Georgia) · Go Syfert
← Georgia issues

deficiency claim in Georgia

11 Georgia opinions name it 2 courts 1944–2025 4 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
State v. Lanegreen
ga · 2020 · cited in 2 Georgia opinions naming this issue, 2022–2025
2 sentences

2025See State v. Lane, 308 Ga. 10, 18 (1) ( 838 SE2d 808 ) (2020) (“[E]ven in the evidentiary context, a defendant who wishes to take advantage of the [cumulative-error rule] should explain to the reviewing court just how he was prejudiced by the cumulative effect of multiple errors.”). 24

2025See State v. Lane, 308 Ga. 10, 18 (1) ( 838 SE2d 808 ) (2020) (“[E]ven in the evidentiary context, a defendant who wishes to take advantage of the [cumulative-error rule] should explain to the reviewing court just how he was prejudiced by the cumulative effect of multiple errors.”). 24

22
Denny v. Stategreen
ga · 2025 · cited in 1 Georgia opinions naming this issue, 2025–2025
1 sentence

2025See Denny v. State, 321 Ga. 427 , 12 431 (2025) (“[Appellant] has not shown that trial counsel was deficient in failing to lodge such an objection because he has not shown that it would have succeeded.”).

11
Brock Built City Neighborhoods, LLC v. Century Fire Protection, LLCgreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2018–2018
2 sentences

2018See Brock Built City Neighborhoods, LLC v. Century Fire Protection, LLC , 295 Ga. App. 205 , 206 n.1, 671 S.E.2d 240 (2008). 2 OCGA § 10-1-36 provides as follows: (a) When any motor vehicle has been repossessed after default in accordance with Part 6 of Article 9 of Title 11, the seller or holder shall not be entitled to recover a deficiency against the buyer unless within ten days after the repossession he or she forwards by registered or certified mail or statutory overnight delivery to the address of the buyer shown on the contract or later designated by the buyer a notice of the seller's o

2018See Brock Built City Neighborhoods, LLC v. Century Fire Protection, LLC , 295 Ga. App. 205 , 206 n.1, 671 S.E.2d 240 (2008). 2 OCGA § 10-1-36 provides as follows: (a) When any motor vehicle has been repossessed after default in accordance with Part 6 of Article 9 of Title 11, the seller or holder shall not be entitled to recover a deficiency against the buyer unless within ten days after the repossession he or she forwards by registered or certified mail or statutory overnight delivery to the address of the buyer shown on the contract or later designated by the buyer a notice of the seller's o

11
Goodman v. Stategreen
ga · 2013 · cited in 1 Georgia opinions naming this issue, 2016–2016
2 sentences

2016To meet the deficiency requirement, Jackson “must overcome the strong presumption that counsel’s performance fell within a wide range of reasonable professional conduct, and that counsel’s decisions were made in the exercise of reasonable professional judgment.” Goodman v. State, 293 Ga. 80, 86 (9) ( 742 SE2d 719 ) (2013) (citation and punctuation omitted).

2016To meet the deficiency requirement, Jackson “must overcome the strong presumption that counsel’s performance fell within a wide range of reasonable professional conduct, and that counsel’s decisions were made in the exercise of reasonable professional judgment.” Goodman v. State, 293 Ga. 80, 86 (9) ( 742 SE2d 719 ) (2013) (citation and punctuation omitted).

11
Slocum v. First National Bank of Atlantagreen
gactapp · 1979 · cited in 1 Georgia opinions naming this issue, 1981–1981
2 sentences

1981Bank, 152 Ga. App. 632, 634 ( 263 SE2d 516 ).

1981Bank, 152 Ga. App. 632, 634 ( 263 SE2d 516 ).

11
Hill v. Westgreen
gactapp · 1920 · cited in 1 Georgia opinions naming this issue, 1944–1944
1 sentence

1944See Rawleigh Medical Co. v. Burney, 25 Ga. App. 20 ( 102 S. E. 358 ). 3.

11
Rawleigh Medical Co. v. Burneygreen
gactapp · 1920 · cited in 1 Georgia opinions naming this issue, 1944–1944
1 sentence

1944See Rawleigh Medical Co. v. Burney, 25 Ga. App. 20 ( 102 S. E. 358 ). 3.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Ringold v. State green
ga · 2019
1 sentence

2022Ringold, 304 Ga. at 879 .

12022–2022
CREDITHRIFT OF AMERICA, INC., NUMBER 2 v. Smith green
gactapp · 1983
2 sentences

2014Deere contends that the notice it provided to Parham was proper pursuant to the applicable disposition provisions of Georgia’s Uniform Commercial Code (“UCC”), specifically OCGA § 11-9-613.2 On the other hand, Parham, relying on Peterson, maintains that the stricter notice provisions of OCGA 2 Deere, although arguing that the notice provisions of OCGA § 10-1-10 do not apply, concedes that its notice to Parham does not conform to those requirements in that it was not sent within ten days of repossession, did not state that Deere intended to pursue a deficiency claim, and did not apprise Parham

2014Deere contends that the notice it provided to Parham was proper pursuant to the applicable disposition provisions of Georgia’s Uniform Commercial Code (“UCC”), specifically OCGA § 11-9-613.2 On the other hand, Parham, relying on Peterson, maintains that the stricter notice provisions of OCGA 2 Deere, although arguing that the notice provisions of OCGA § 10-1-10 do not apply, concedes that its notice to Parham does not conform to those requirements in that it was not sent within ten days of repossession, did not state that Deere intended to pursue a deficiency claim, and did not apprise Parham

12014–2014
Sikes & Swanson Pontiac-GMC Truck, Inc. v. Cantrell green
gactapp · 1990
2 sentences

2013Citing Sikes & Swanson Pontiac-GMC Truck v. Cantrell, 194 Ga. App. 818 ( 392 SE2d 36 ) (1990), Rich contends the date of repossession should be the date the creditor placed the account in “repo status.” But Cantrell is not controlling because in that case, the debtor surrendered the vehicle to the dealership for the purpose of allowing repossession by the secured party.

2013Citing Sikes & Swanson Pontiac-GMC Truck v. Cantrell, 194 Ga. App. 818 ( 392 SE2d 36 ) (1990), Rich contends the date of repossession should be the date the creditor placed the account in “repo status.” But Cantrell is not controlling because in that case, the debtor surrendered the vehicle to the dealership for the purpose of allowing repossession by the secured party.

12013–2013
Doughty v. Associates Commercial Corporation green
gactapp · 1979
2 sentences

1985OCGA § 10-1-36; Doughty v. Associates Commercial Corp., 152 Ga. App. 575 ( 263 SE2d 493 ) (1979).

1985OCGA § 10-1-36; Doughty v. Associates Commercial Corp., 152 Ga. App. 575 ( 263 SE2d 493 ) (1979).

11985–1985

Statutes the citing opinions construe

GA § 10-1-36 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 36 (1986–2022) FL 27 (1960–2019) CT 22 (1976–2022) IL 17 (1978–2026) CA 12 (1985–2026) PA 11 (1969–2025) NY 11 (1916–2006) GA 11 (1944–2025) ID 8 (2016–2024) NJ 8 (1934–2022) UT 8 (2020–2022) MI 7 (1988–2022) MO 7 (1932–2015) VT 6 (1915–2005) WA 6 (1971–2023) OH 6 (2003–2025) AZ 5 (1982–2024) LA 4 (1983–2015) AL 4 (1940–2002) IA 3 (1980–2026) WI 3 (1936–2025) TN 2 (1998–2001) IN 2 (1958–2018) MS 2 (1984–2002) NC 2 (2004–2023) MN 2 (1937–2010) OK 2 (1925–2020) NV 2 (1973–2018) KS 2 (1982–1996) OR 2 (1998–2016) DE 2 (2018–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check