Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
O.C.G.A. § 10-1-36.1 — Assertion of violation on loan or contract secured by motor vehicle only in individual action | Georgia Code
O.C.G.A. § 10-1-36.1 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 2 MOTOR VEHICLE SALES FINANCING

10-1-36.1. Assertion of violation on loan or contract secured by motor vehicle only in individual action.

  1. A claim of violation on any loan or contract secured by an interest in a motor vehicle may be asserted in an individual action only and may not be the subject of a class action under Code Section 9-11-23 or any other provisions of law.
  2. Nothing contained in this Code section shall apply to class actions involving mobile homes or manufactured homes pending in any courts of this state, including any United States courts, on February 22, 1985, as to the parties to and subject matter then before such courts.

(Code 1981, §10-1-36.1, enacted by Ga. L. 1985, p. 698, § 3.)

JUDICIAL DECISIONS

Purpose of section.

- Subsection (a) of O.C.G.A. § 10-1-36.1 is intended to prohibit class action certification for a claim that any loan or contract secured by an interest in a motor vehicle violates the Motor Vehicle Sales Finance Act, O.C.G.A. § 10-1-30 et seq. Taylor Auto Group, Inc. v. Jessie, 241 Ga. App. 602, 527 S.E.2d 256 (1999).

Database error: SQLSTATE[HY000]: General error: 8 attempt to write a readonly database

This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.