{"data":{"id":"us-ga/o.c.g.a.-11-9-628","jurisdiction":"us-ga","citation":"O.C.G.A. § 11-9-628","heading":"Nonliability and limitation on liability of secured party; liability of secondary obligor.","body":"(a) Limitation of liability of secured party for noncompliance with article. Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:\n(1) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this article; and\n(2) The secured party’s failure to comply with this article does not affect the liability of the person for a deficiency.\n(b) Limitation of liability based on status as secured party. A secured party is not liable because of its status as secured party:\n(1) To a person that is a debtor or obligor, unless the secured party knows:\n(A) That the person is a debtor or obligor;\n(B) The identity of the person; and\n(C) How to communicate with the person; or\n(2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:\n(A) That the person is a debtor; and\n(B) The identity of the person.\n(c) Limitation of liability if reasonable belief that transaction not a consumer goods transaction or consumer transaction. A secured party is not liable to any person, and a person’s liability for a deficiency is not affected, because of any act or omission arising out of the secured party’s reasonable belief that a transaction is not a consumer goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party’s belief is based on its reasonable reliance on:\n(1) A debtor’s representation concerning the purpose for which collateral was to be used, acquired, or held; or\n(2) An obligor’s representation concerning the purpose for which a secured obligation was incurred.\n(d) Limitation of liability for statutory damages. A secured party is not liable to any person under paragraph (2) of subsection (c) of Code Section 11-9-625 for its failure to comply with Code Section 11-9-616.\n(e) Limitation of multiple liability for statutory damages. A secured party is not liable under paragraph (2) of subsection (c) of Code Section 11-9-625 more than once with respect to any one secured obligation.","path":["TITLE 11 Commercial Code","Article 9 Secured Transactions","PART 6 Default","Subpart 2 Noncompliance with Article"],"source_url":"https://archive.org/download/gov.ga.ocga.2018/release86.2022.11/gov.ga.ocga.title.11.odt","current_through":"Release 86 (2022-11)","vintage":"Public.Resource.Org bulk O.C.G.A., Release 86 (2022-11), retrieved 2026-09-17","retrieved_at":"2026-09-17T19:34:57Z","sha256":"b52d57816024304701d097312a16ca0f87fc3d061b759a21b3c12b860ad8db80","source_id":"us-ga","stale":false,"prev":"us-ga/o.c.g.a.-11-9-627","next":"us-ga/o.c.g.a.-11-9-701"},"notice":"GroundRules: Original legal text. Not legal advice."}
