Sec. 625. (a) If it is established that a secured party is not proceeding in accordance with IC 26-1-9.1 , a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. (b) 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 IC 26-1-9.1 . 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) Except as otherwise provided in IC 26-1-9.1-628 : (1) 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 (2) 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 IC 26-1-9.1-601 through IC 26-1-9.1-628 may recover for that failure in any event an amount not less than the credit service charge plus ten percent (10%) of the principal amount of the obligation or the time-price differential plus ten percent (10%) of the cash price. (d) A debtor whose deficiency is eliminated under IC 26-1-9.1-626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under IC 26-1-9.1-626 may not otherwise recover under subsection (b) for noncompliance with the provisions of IC 26-1-9.1-601 through IC 26-1-9.1-628 relating to collection, enforcement, disposition, or acceptance. (e) In addition to any damages recoverable under subsection (b), the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover five hundred dollars ($500) in each case from a person that: (1) fails to comply with IC 26-1-9.1-208 ; (2) fails to comply with IC 26-1-9.1-209 ; (3) files a record that the person is not entitled to file under IC 26-1-9.1-509 (a); (4) fails to cause the secured party of record to file or send a termination statement as required by IC 26-1-9.1-513 (a) or IC 26-1-9.1-513 (c); (5) fails to comply with IC 26-1-9.1-616 (b)(1) and whose failure is part of a pattern or consistent with a practice, of noncompliance; or (6) fails to comply with IC 26-1-9.1-616 (b)(2). (f) A debtor or consumer obligor may recover damages under subsection (b) and, in addition, five hundred dollars ($500) in each case from a person that, without reasonable cause, fails to comply with a request under IC 26-1-9.1-210 . A recipient of a request under IC 26-1-9.1-210 that never claimed an interest in the collateral or obligations that are the subject of a request under that section has a reasonable excuse for failure to comply with the request within the meaning of this subsection. (g) If a secured party fails to comply with a request regarding a list of collateral or a statement of account under IC 26-1-9.1-210 , 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.
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