Bill Text: CT HB05294 | 2016 | General Assembly | Introduced
Bill Title: An Act Concerning Possessions In Repossessed Vehicles.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-02-19 - Public Hearing 02/25 [HB05294 Detail]
Download: Connecticut-2016-HB05294-Introduced.html
General Assembly |
Raised Bill No. 5294 | ||
February Session, 2016 |
LCO No. 1459 | ||
*01459_______BA_* | |||
Referred to Committee on BANKING |
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Introduced by: |
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(BA) |
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AN ACT CONCERNING POSSESSIONS IN REPOSSESSED VEHICLES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsections (b) and (c) of section 36a-785 of the 2016 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(b) Not less than ten days prior to the retaking, the holder of such contract, if he so desires, may serve upon the retail buyer, personally or by registered or certified mail, a notice of intention to retake the goods on account of the buyer's default. The notice shall state the default and the period at the end of which such goods will be retaken, and shall briefly and clearly state what the retail buyer's rights under this subsection will be in case such goods are retaken. In the case of repossession of any motor vehicle, the notice shall inform the retail buyer that he or she is responsible for removing all of his or her personal property from the motor vehicle prior to the date of such repossession. If the notice is so served and the buyer does not perform the conditions and provisions as to which he is in default before the day set for retaking, the holder of the contract may retake said goods and hold such subject to the provisions of subsections (d), (e), (f), (g) and (h) of this section regarding resale, but without any right of redemption.
(c) If the holder of such contract does not give the notice of intention to retake, described in subsection (b), he shall retain such goods for fifteen days after the retaking within the state in which they were located when retaken. During such period the retail buyer, upon payment or tender of the unaccelerated amount due under such contract at the time of retaking and interest, or upon performance or tender of performance of such other condition as may be named in such contract as precedent to the retail buyer's continued possession of such goods, or upon performance or tender of performance of any other promise for the breach of which such goods were retaken, and upon payment of the actual and reasonable expenses of any retaking and storing, may redeem such goods and become entitled to take possession of the same and to continue in the performance of such contract as if no default had occurred. The holder of such contract shall within three days of the retaking furnish or mail, by registered or certified mail, to the last known address of the buyer a written statement [of] indicating (1) the unaccelerated sum due under such contract and the actual and reasonable expense of any retaking and storing, and (2) in the case of repossession of any motor vehicle, (A) that the buyer is responsible for removing all of his or her personal property from the motor vehicle, at no cost to the buyer, not later than fifteen days after the date on which the motor vehicle was repossessed, and (B) the date on which the motor vehicle can be accessed for the removal of such property. For failure to furnish or mail such statement as required by this section, the holder of the contract shall forfeit the right to claim payment for the actual and reasonable expenses of retaking and storage, and also shall be liable for the actual damages suffered because of such failure. If such goods are perishable so that retention for fifteen days as herein prescribed would result in their destruction or substantial injury, the provisions of this subsection shall not apply and the holder of the contract may resell the goods immediately upon such retaking.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2016 |
36a-785(b) and (c) |
Statement of Purpose:
To allow retail buyers of motor vehicles being repossessed to remove personal property from the vehicle prior to the date of repossession.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]