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 § 46-9-609

Ch. 46UNIFORM COMMERCIAL CODE

Art. 9SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER

This text of West Virginia § 46-9-609 (Secured party's right to take possession after default) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 46-9-609 (2026).

Text

(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.