1. The Laws of New York
  2. Consolidated Laws
  3. Personal Property
  4. Article 10: Retail Instalment Sales Act

Section 422 Claim for deficiency after default and repossession

Personal Property (PEP)

If a buyer defaults on any instalment of the time sale price under a retail instalment contract, and the holder obtains possession of the goods which are the subject matter of such contract and disposes of such goods as provided by section 9--610 of the uniform commercial code, the buyer shall be liable to the holder for any deficiency to the extent provided in that section; provided, however, that in calculating such deficiency there shall be deducted from the amount thereof as prescribed by such section 9--610, an amount equal to that portion of the refund credit to which the buyer would have been entitled under section four hundred eight of this chapter if, at the time the holder disposed of such goods, the buyer had not been in default and had prepaid in full the balance of the time sale price as the amount realized upon the disposition of the goods bears to the balance of the time sale price.