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2018 Georgia Code 10-1-628 | Car Wreck Lawyer

TITLE 10 COMMERCE AND TRADE

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

ARTICLE 22 MOTOR VEHICLE FRANCHISE PRACTICES

10-1-628. Attorney's fees in action to enforce article.

Whenever any person brings an action or complaint to enforce any provision of this article in any court of competent jurisdiction and prevails or substantially prevails in such action or complaint, the court may award the person bringing such action or complaint his reasonable attorney's fees.Such attorney's fees shall be taxed and collected as part of the costs and shall be in addition to any other costs or penalties imposed.

(Code 1981, §10-1-628, enacted by Ga. L. 1993, p. 1585, § 2.)

PART 2 M OTOR VEHICLE DEALER'S DAY IN COURT

JUDICIAL DECISIONS

No retroactive effect.

- Because Georgia Motor Vehicle Dealer's Day in Court Act, O.C.G.A. § 10-1-630 et seq., and the Georgia Motor Vehicle Fair Practices Act, O.C.G.A. § 10-1-660 et seq., affect the substantive rights of the parties, the statutes cannot be given retroactive effect. Stamps v. Ford Motor Co., 650 F. Supp. 390 (N.D. Ga. 1986) (decided prior to 1993 reenactment).

Georgia Motor Vehicle Dealer's Day in Court Act, O.C.G.A. § 10-1-630 et seq., in Georgia applied only to acts after July 1, 1983. Ewers v. Ford Motor Co., 843 F.2d 1331 (11th Cir. 1988) (decided prior to 1993 reenactment).

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