West Virginia Statutes
§ 46B-3-1 — Default; procedure
West Virginia·Ch. 46B REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS·Art. 3 DEFAULT
(a)Whether the dealer or the consumer is in default under a rental contract is determined by the rental agreement and this chapter.
(b)If the dealer or the consumer is in default under the rental contract, the party seeking enforcement has rights and remedies as provided in this chapter and, except as limited by this chapter, as provided in the rental agreement.
(c)If the dealer or the consumer is in default under the rental contract, the party seeking enforcement may reduce the party's claim to judgment or otherwise enforce the rental contract by self-help or any available judicial procedure or nonjudicial procedure: Provided, That consumer goods may only be repossessed by a dealer without judicial process when such repossession can be effected without a breach of the peace.
(d)Exc
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Legislative History
1993 Reg. Sess., SB108
Nearby Sections
15
§ 46B-1-1
Short title§ 46B-1-2
Scope§ 46B-1-4
Legislative purpose and intent§ 46B-1-5
General definitions§ 46B-2-1
Statute of Frauds§ 46B-2-2
Unconscionability§ 46B-2-3
Express warranties§ 46B-2-4
Implied warranty of merchantability§ 46B-2-9
Risk of loss§ 46B-3-1
Default; procedure