The Appellate Group

Cascade Collections v. Corray

Cascade Collections v. Corray, 2025 UT App 9 (Harris, J.)

Property/Statutory Interpretation

The Utah Court of Appeals held:

  • The trial court did not clearly err in finding that a creditor sent notice of sale to debtor related to the repossession and sale of debtor’s van.
  • The trial court erred in granting the creditor’s assignee a deficiency judgment because the notice of sale was materially deficient when it failed to put debtor on notice of “the time after which” it intended to sell or otherwise dispose of the van. 
  • Practice tip: In the context of notice deficiency, the absolute bar remedy should not be applied in cases where the deficiency in the notice is minor and has no demonstrable effect on a debtor’s ability to protect its rights. 

Read the full court opinion