Tex. Bus. & Com. Code § 9.609

SECURED PARTY'S RIGHT TO TAKE POSSESSION AFTER DEFAULT

Known as the Uniform Commercial Code

The act spans §§ 1–12 (616 sections).

Applied in 6 court decisions — leading case First Valley Bank of Los Fresnos v. Martin (2004)

Most recently applied in in Re: Patrick J. Curry and PJC Equipment Leasing, LLC (July 2013)

Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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 the debtor's premises under Section 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 that is reasonably convenient to both parties.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.