General Motors Acceptance Corp. v. Rivoire
General Motors Acceptance Corp. v. Rivoire
Concurring Opinion
see concurrence in Morris v. United Services Automobile Association, et al. No. 32,528 756 So.2d 549 (La.App. 2d Cir. 2000).
APPLICATION FOR REHEARING
Rehearing denied.
Opinion of the Court
The underlying facts salient to this appeal are recounted in Morris v. United Services Automobile Ass’n, 32,528-CA 756 So.2d 549 (La.App. 2d Cir. 2000) also rendered this day. Appellant, John Rivoire, appeals the district court’s judgment against him on the vehicle financing agreement. For the reasons expressed below, as well as in No. 32,529-CA, we affirm.
GMAC’s Claim
Rivoire contests the judgment in favor of GMAC for the balance due on his vehicle financing contract. In light of our conclusions regarding Rivoire’s redhibition claim in No. 32, 529-CA, this assignment lacks merit.
The note sued upon contained the following notice, which is mandated by federal law, 16 C.F.R. § 433.2:
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
Conclusion
For the reasons expressed herein, the judgment appealed is AFFIRMED. The costs of this appeal are assessed to John Rivoire.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.