1. The Laws of New York
  2. Consolidated Laws
  3. Uniform Commercial Code
  4. Article 9: Secured Transactions
  5. Part 6: Default
  6. Subpart 1: Default and Enforcement of Security Interest


Section 9-609 Secured Party's Right to Take Possession after Default

Uniform Commercial Code (UCC)

Section 9--609. Secured Party's Right to Take Possession after Default.

  (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):

   (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.