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2007 Me. 38

Cates v. Donahue

Supreme Judicial Court of Maine

Decided March 1, 2007

Supreme Judicial Court of Maine · decided 2007-03-01

Good law ✅— No negative treatment on recordhow we know

Decided 2007-03-01

How this case has been cited

Cited by 11 later decisions — most recently July 2020

10 state decisions

80200720102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DANA, J.,

¶1dissenting.

¶2[¶ 16] I respectfully dissent.

¶3[¶ 17] The law authorizes the peaceful repossession of an automobile when the debtor is behind in his payments. 32 M.R.S. § 11017(1) (2006); 4 James J. White & Robert S. SummeRS, Uotform Commercial Code § 34-8 at 384-86 (5th ed. 2002). In order to accomplish a peaceful repossession, it is usually necessary to locate the vehicle when the debtor is not behind the wheel. Although a fact-finder might conclude that the creditor here caused the spouse of the debtor to be intimidated and fearful, in my view, such a fact-finder could not conclude that that was the creditor’s intent.

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