Page:United States Statutes at Large Volume 85.djvu/703

 85 STAT. ]

PUBLIC LAW 92-200-DEC. 17, 1971

"(2) The buyer lias a duty.to take reasonable care of the goods in his possession before cancellation or revocation and for a reasonable time thereafter, during which time the goods are otherwise at the seller's risk. "(3) If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to no compensation. "§ 28-3812. Limitation on creditors' remedies " (a) This section applies to actions or other proceedings to enforce rights arising from consumer credit sales, consumer leases, and direct installment loans (other than a loan directly secured on real estate or a direct motor vehicle installment loan covered by chapter 36 of title 28, District of Columbia Code); and, in addition, to extortionate extensions of credit. " (b)(1) During the thirty-day period after a default consisting of a failure to pay money the creditor may not because of the default (A) accelerate the unpaid balance of the obligation, (B) bring action against the debtor, or (C) proceed against the collateral. "(2) Unless the creditor has first (A) notified the debtor that he has elected to accelerate the unpaid balance of the obligation because of default, (B) brought action against the debtor, or (C) proceeded against the collateral, the debtor may cure a default consisting of a failure to pay money by tendering the amount of all unpaid sums due at the time of tender, without acceleration, plus any unpaid delinquency or deferral charges. Cure restores the debtor to his rights under the agreement as though the defaults cured had not occurred. "(3) Posting of any notice required by law shall be deemed valid if mailed by certified mail to the debtor's last known address. " (c)(1) The debtor may redeem the collateral from the creditor at any time— " (A) within fifteen dajs of the creditor's taking possession of the collateral, or " (B) thereafter until the creditor has either disposed of the collateral, entered into a contract for its disposition, or gained the right to retain the collateral in satisfaction of the debtor's obligation pursuant to the provisions on disposition of collateral in section 9-505 of subtitle I of title 28, District of Columbia p „ Jp

673

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77 Stat. 7e8.

"(2) The debtor may redeem the collateral by tendering fulfill- 9-505.' ment of all obligations secured by the collateral including reasonable expenses incurred in realizing on the security interest. " (d) Subject to the provisions in this part, the parties may agree that the creditor has the right to take possession of the collateral on default. I n taking possession, a secured party may proceed without judicial process if this can be done without breach of the peace and with consent of the debtor. Those who take the collateral through repossession shall be deemed the agent of the creditor, and the creditor shall be civilly liable for any of the actions of its agents. "(e)(1) This subsection applies to consumer credit sales of goods or services and to direct installment loans secured by interests in goods. "(2) A creditor may not maintain a proceeding for a deficiency unless he has disposed of the goods in good faith and in a commercially reasonable manner. "(3) If the creditor repossesses or voluntarily accepts surrender of goods which were the subject of the sale and in which he has a security interest, the consumer is not personally liable to the creditor for the unpaid balance of debt arising from the sale of a commercial unit of goods of which the cash price was $2,000 or less. In that case the creditor is not obligated to resell the collateral unless the consumer has

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