In re Brown (03-41647, Adv. No. 03-04069)

On a Motion to Dismiss, the Court held that statutes in derogation of common law must be strictly complied with, which follows an earlier ruling by the Court on a similar issue in a different case. The Court denied Speedee Cash of Georgia, Inc.’s ("Defendant") Motion to Dismiss, as to Count One of Clarence Chester Brown, Sr.’s ("Debtor") Complaint, because the title pawn contract gave only a ten-day grace period, instead of a thirty-day grace period as required by the Georgia Pawnshop Act. The Court did grant Defendant’s Motion to Dismiss, as to Count Two of Debtor’s Complaint, because the contract in dispute was for more than $3,000, therefore it did not fall under the Georgia Industrial Loan Act.

Friday, January 30, 2004