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2018 Georgia Code 10-1-36.1 | Car Wreck Lawyer

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).

Cases Citing Georgia Code 10-1-36.1 From Courtlistener.com

Total Results: 1

Southern Guaranty Corp. v. Doyle

Court: Supreme Court of Georgia | Date Filed: 1987-03-12

Citation: 353 S.E.2d 510, 256 Ga. 790, 1987 Ga. LEXIS 657

Snippet: addition to the foregoing, we conclude that OCGA § 10-1-36.1, added to GMVSFA in 1985, see Ga. Laws 1985 at