{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.9A-625.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.9A-625.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.9A-625.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.9A-625.html"}],"law_id":62405,"edition_id":1,"section_id":62405,"structure_id":15991,"section_number":"8.9A-625","catch_line":"Remedies for secured party’s failure to comply with title","history":"1964, c. 219, \u00a7 8.9-507; 2000, c. 1007.","full_text":"a\n\nJudicial orders concerning noncompliance. If it is established that a secured party is not proceeding in accordance with this title, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions.b\n\nDamages for noncompliance. Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of any loss caused by a failure to comply with this title. Loss caused by a failure to comply may include loss resulting from the debtor’s inability to obtain, or increased costs of, alternative financing.c\n\nPersons entitled to recover damages; statutory damages in consumer-goods transaction. Except as otherwise provided in \u00a7 8.9A-628:1\n\na person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subsection (b) for its loss; and2\n\nif the collateral is consumer goods, a person that was a debtor or a secondary obligor at the time a secured party failed to comply with this part may recover for that failure in any event an amount not less than the credit service charge plus ten percent of the principal amount of the obligation or the time-price differential plus ten percent of the cash price.d\n\nRecovery when deficiency eliminated or reduced. A debtor whose deficiency is eliminated under § 8.9A-626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under § 8.9A-626 may not otherwise recover under subsection (b) for noncompliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance.e\n\nLimitation of security interest; noncompliance with § 8.9A-210. If a secured party fails to comply with a request regarding a list of collateral or a statement of account under § 8.9A-210, the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure.","order_by":null,"text":{"0":{"id":227565,"text":"Judicial orders concerning noncompliance. If it is established that a secured party is not proceeding in accordance with this title, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":227566,"text":"Damages for noncompliance. Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of any loss caused by a failure to comply with this title. Loss caused by a failure to comply may include loss resulting from the debtor’s inability to obtain, or increased costs of, alternative financing.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"2":{"id":227567,"text":"Persons entitled to recover damages; statutory damages in consumer-goods transaction. Except as otherwise provided in \u00a7 8.9A-628:","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"c1"},"3":{"id":227568,"text":"a person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subsection (b) for its loss; and","type":"section","prefixes":["c","1"],"prefix":"1","entire_prefix":"c1","prefix_anchor":"c1","level":2,"prior_prefix":"c","next_prefix":"c2"},"4":{"id":227569,"text":"if the collateral is consumer goods, a person that was a debtor or a secondary obligor at the time a secured party failed to comply with this part may recover for that failure in any event an amount not less than the credit service charge plus ten percent of the principal amount of the obligation or the time-price differential plus ten percent of the cash price.","type":"section","prefixes":["c","2"],"prefix":"2","entire_prefix":"c2","prefix_anchor":"c2","level":2,"prior_prefix":"c1","next_prefix":"d"},"5":{"id":227570,"text":"Recovery when deficiency eliminated or reduced. A debtor whose deficiency is eliminated under § 8.9A-626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under § 8.9A-626 may not otherwise recover under subsection (b) for noncompliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c2","next_prefix":"e"},"6":{"id":227571,"text":"Limitation of security interest; noncompliance with § 8.9A-210. If a secured party fails to comply with a request regarding a list of collateral or a statement of account under § 8.9A-210, the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d"}},"ancestry":[{"id":15991,"edition_id":1,"name":"Noncompliance With Title","identifier":"2","label":"subpart","depth":3,"order_by":1,"parent_id":15262,"metadata":{},"date_created":"2026-06-26 04:03:18","date_modified":"2026-06-26 04:03:18","permalink":{"id":284393,"object_type":"structure","relational_id":15991,"identifier":"2","token":"8.9A\/6\/2","url":"\/8.9A\/6\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15262,"edition_id":1,"name":"Default","identifier":"6","label":"part","depth":2,"order_by":1,"parent_id":13277,"metadata":{},"date_created":"2026-06-26 03:53:25","date_modified":"2026-06-26 03:53:25","permalink":{"id":284293,"object_type":"structure","relational_id":15262,"identifier":"6","token":"8.9A\/6","url":"\/8.9A\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13277,"edition_id":1,"name":"Commercial Code \u2014 Secured Transactions","identifier":"8.9A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":283833,"object_type":"structure","relational_id":13277,"identifier":"8.9A","token":"8.9A","url":"\/8.9A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62405,"structure_id":15991,"section_number":"8.9A-625","catch_line":"Remedies for secured party's failure to comply with title","url":"\/8.9A-625\/","token":"8.9A\/6\/2\/8.9A-625","metadata":false},{"id":77315,"structure_id":15991,"section_number":"8.9A-626","catch_line":"Action in which deficiency or surplus is in issue","url":"\/8.9A-626\/","token":"8.9A\/6\/2\/8.9A-626","metadata":false},{"id":64205,"structure_id":15991,"section_number":"8.9A-627","catch_line":"Determination of whether conduct was commercially reasonable","url":"\/8.9A-627\/","token":"8.9A\/6\/2\/8.9A-627","metadata":false},{"id":71391,"structure_id":15991,"section_number":"8.9A-628","catch_line":"Nonliability and limitation on liability of secured party; liability of secondary obligor","url":"\/8.9A-628\/","token":"8.9A\/6\/2\/8.9A-628","metadata":false}],"next_section":{"id":77315,"structure_id":15991,"section_number":"8.9A-626","catch_line":"Action in which deficiency or surplus is in issue","url":"\/8.9A-626\/","token":"8.9A\/6\/2\/8.9A-626","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.9A-625\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2000, chapter 1007<\/a>.<\/p>","references":[{"id":74406,"section_number":"8.9A-602","catch_line":"Waiver and variance of rights and duties","order_by":null,"url":"\/8.9A-602\/"},{"id":71391,"section_number":"8.9A-628","catch_line":"Nonliability and limitation on liability of secured party; liability of secondary obligor","order_by":null,"url":"\/8.9A-628\/"}],"refers_to":[{"id":78664,"section_number":"8.9A-210","catch_line":"Request for accounting; request regarding list of collateral or statement of account","order_by":null,"url":"\/8.9A-210\/"},{"id":77315,"section_number":"8.9A-626","catch_line":"Action in which deficiency or surplus is in issue","order_by":null,"url":"\/8.9A-626\/"}],"permalink":{"id":284395,"object_type":"law","relational_id":62405,"identifier":"8.9A-625","token":"8.9A\/6\/2\/8.9A-625","url":"\/8.9A-625\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.9A-625\/","token":"8.9A\/6\/2\/8.9A-625","dublin_core":{"Title":"Remedies for secured party’s failure to comply with title","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.9A-625","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Judicial orders<\/span> concerning noncompliance. If it is established that a secured party<\/span> is not proceeding in accordance with this title, a court<\/span> may order<\/span> or restrain collection, enforcement, or disposition<\/span> of collateral<\/span> on appropriate terms and conditions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Damages<\/span> for noncompliance. Subject to subsections (c), (d), and (f), a person is liable for damages<\/span> in the amount of any loss caused by a failure to comply with this title. Loss caused by a failure to comply may include loss resulting from the debtor’s inability to obtain, or increased costs of, alternative financing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Persons entitled to recover damages<\/span>; statutory damages<\/span> in consumer-goods transaction. Except as otherwise provided in \u00a7 8.9A-628<\/a>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> a person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien<\/span> on the collateral<\/span> may recover damages<\/span> under subsection (b) for its loss; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> if the collateral<\/span> is consumer goods, a person that was a debtor or a secondary obligor at the time a secured party<\/span> failed to comply with this part may recover for that failure in any event an amount not less than the credit service charge plus ten percent of the principal amount of the obligation or the time-price differential plus ten percent of the cash price. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Recovery when deficiency eliminated or reduced. A debtor whose deficiency is eliminated under § 8.9A-626<\/a> may recover damages<\/span> for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under § 8.9A-626<\/a> may not otherwise recover under subsection (b) for noncompliance with the provisions of this part relating to collection, enforcement, disposition<\/span>, or acceptance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> Limitation of security interest; noncompliance with § 8.9A-210<\/a>. If a secured party<\/span> fails to comply with a request regarding a list of collateral<\/span> or a statement of account under § 8.9A-210<\/a>, the secured party<\/span> may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREMEDIES FOR SECURED PARTY’S FAILURE TO COMPLY WITH TITLE (\u00a7 8.9A-625)\n\na. Judicial orders concerning noncompliance. If it is established that a secured\nparty is not proceeding in accordance with this title, a court may order or\nrestrain collection, enforcement, or disposition of collateral on appropriate\nterms and conditions.\n\nb. Damages for noncompliance. Subject to subsections (c), (d), and (f), a person\nis liable for damages in the amount of any loss caused by a failure to comply\nwith this title. Loss caused by a failure to comply may include loss resulting\nfrom the debtor’s inability to obtain, or increased costs of, alternative\nfinancing.\n\nc. Persons entitled to recover damages; statutory damages in consumer-goods\ntransaction. Except as otherwise provided in \u00a7 8.9A-628:\n\n 1. a person that, at the time of the failure, was a debtor, was an obligor, or\n held a security interest in or other lien on the collateral may recover\n damages under subsection (b) for its loss; and\n\n 2. if the collateral is consumer goods, a person that was a debtor or a\n secondary obligor at the time a secured party failed to comply with this part\n may recover for that failure in any event an amount not less than the credit\n service charge plus ten percent of the principal amount of the obligation or\n the time-price differential plus ten percent of the cash price.\n\nd. Recovery when deficiency eliminated or reduced. A debtor whose deficiency is\neliminated under § 8.9A-626 may recover damages for the loss of any\nsurplus. However, a debtor or secondary obligor whose deficiency is eliminated\nor reduced under § 8.9A-626 may not otherwise recover under subsection (b)\nfor noncompliance with the provisions of this part relating to collection,\nenforcement, disposition, or acceptance.\n\ne. Limitation of security interest; noncompliance with § 8.9A-210. If a\nsecured party fails to comply with a request regarding a list of collateral or a\nstatement of account under § 8.9A-210, the secured party may claim a\nsecurity interest only as shown in the list or statement included in the request\nas against a person that is reasonably misled by the failure.\n\nHISTORY: 1964, c. 219, \u00a7 8.9-507; 2000, c. 1007.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}