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Parrish v. Chrysler Fin. Servs. Americas LLC

Nothing in the evidence established the date of repossession of the defendant's vehicle, which was critical to determining whether the creditor met the statutory notice requirements for obtaining a deficiency judgment following repossession, and the creditor was thus not entitled to summary judgment.

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John T. Parrish appeals the grant of summary judgment to Chrysler Financial Services Americas, LLC, in its suit for a deficiency judgment. Because the record is devoid of evidence that Chrysler satisfied all of the statutory notice provisions of OCGA § 10-1-36 a, which are required for Chrysler to recover a deficiency judgment against Parrish, we reverse.

To prevail on a motion for summary judgment, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in a light most favorable to the party opposing the motion, warrant judgment as a matter of law. OCGA § 9-11-56 c; Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991. This court applies a de novo review to a grant of summary judgment, viewing the evidence and all reasonable inferences therefrom in the light most favorable to the nonmovant. Versey v. Citizens Trust Bank, 306 Ga. App. 479-480 702 SE2d 479 2010.

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