Miss. Code Ann. § 75-9-609

Secured party’s right to take possession after default

Applied in 3 court decisions — leading case 826 So. 2d 719 - Russell v. Performance Toyota, Inc. (2002)

Most recently applied in 977 So. 2d 314 - MISS. COM'N ON JUDICAL PERFORM. v. Osborne (January 2008)

Derived from former 1972 Code § 75-9-503 [Codes, 1942, § 41A:9-503; Laws, 1966, ch. 316, § 9-503, eff March 31, 1968] and enacted by Laws, 2001, ch. 495, § 1, eff from and after…

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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 75-9-610.

A secured party may proceed under subsection (a):

Pursuant to judicial process; or

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

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.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.