S.C. Code Ann. § 36-9-609

Secured party's right to take possession after default

Known as the Uniform Commercial Code

The act spans §§ 36–36 (519 sections).

Applied in 2 court decisions — leading case McCullough v. Goodrich & Pennington Mortgage Fund, Inc. (2007)

Most recently applied in Coastal Federal Credit Union v. Brown (June 2016)

2001 Act No. 67, SECTION 12.

(a) 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 36-9-610.

(b) A secured party may proceed under subsection (a):

(1) pursuant to judicial process; or

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

(c) 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.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.