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Giles v. First Virginia Credit Services3/5/2002
tion" within the purview of the due process provision of the Fourteenth Amendment. Shirley v. State National Bank of Connecticut, 493 F.2d 739 (2d Cir. 1974); Gibbs v. Titelman, 502 F.2d 1107 (3rd Cir. 1974), cert. denied, Gibbs, et al. v. Garver, Director, Bureau of Motor Vehicles, et al., 419 U.S. 1039, 42 L. Ed. 2d 316 (1974); James v. Pinnix, 495 F.2d 206 (5th Cir. 1974); Turner v. Impala Motors, 503 F.2d 607 (6th Cir. 1974); Nichols v. Tower Grove Bank, 497 F.2d 404 (8th Cir. 1974); Nowlin v. Professional Auto Sales, Inc., 496 F.2d 16 (8th Cir. 1974), cert. denied, 419 U.S. 1006, 42 L. Ed. 2d 283 (1974); Adams v. Southern California First National Bank, 492 F.2d 324 (9th Cir. 1973), cert. denied, 419 U.S. 1006, 42 L. Ed. 2d 282 (1974). While this Court is not obliged to follow decisions from other jurisdictions, these decisions are instructive in our determination of whether there was sufficient state action in this case to sustain a challenge under the Fourteenth Amendment. We agree with First Virginia's contention that N.C. Gen. Stat. § 25-9-503 is "wholly self-executing and takes no involvement by any state employee to fully effect its purpose." In enacting N.C. Gen. Stat. § 25-9-503, our General Assembly codified a right existing at common law; it did not delegate to private parties authority previously held by the state. Therefore, plaintiffs' argument that state action was involved in this case is without merit.
Plaintiffs also claim that the waiver of notice in the contract signed by Joann Giles is void because it deprives her of her property without notice and an opportunity to be heard, as required by the Fourteenth Amendment. Because we find that there is no state action under N.C. Gen. Stat. § 25-9-503, this argument also fails. Plaintiffs' second assignment of error is overruled.
The trial court's order granting partial summary judgment for First Virginia is affirmed.
Affirmed.
Judges WALKER and HUDSON concur.
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