West Virginia § 46-9-609 Secured party's right to take possession after default

West Virginia Statutes

§ 46-9-609 — Secured party's right to take possession after default

West Virginia·Ch. 46 UNIFORM COMMERCIAL CODE·Art. 9 SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER

(a)Possession; rendering equipment unusable; disposition on debtor's premises. After default, a secured party:

(1)May take possession of the collateral; and

(2)Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under section 9-610.

(b)Judicial and nonjudicial process. A secured party may proceed under subsection (a) of this section:

(1)Pursuant to judicial process; or

(2)Without judicial process, if it proceeds without breach of the peace.

(c)Assembly of collateral. If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.

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(a) Possession; rendering equipment unusable; disposition on debtor's premises. After default, a secured party:

(1) May take possession of the collateral; and

(2) Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under section 9-610.

(b) Judicial and nonjudicial process. A secured party may proceed under subsection (a) of this section:

(1) Pursuant to judicial process; or

(2) Without judicial process, if it proceeds without breach of the peace.

(c) Assembly of collateral. If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.

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