Harris Kimbler v. General Motors

WRIGHT, Retired Appellate Judge General Motors Acceptance Corporation (GMAC) filed a complaint against Harris Kimbler in the District Court of Baldwin County to recover a deficiency claimed after the voluntary repossession and resale of Kimbler's vehicle, which had been financed by GMAC. The district court entered an order in favor of Kimbler. GMAC appealed that decision to the circuit court. Following an ore tenus proceeding, the circuit court entered judgment in favor of GMAC. Kimbler's posttrial motion was denied. Kimbler appeals and asserts that the notice of sale was insufficient. He contends that the insufficiency of the notice precludes GMAC from recovering the deficiency.