§ 11-9-609. Secured Party’s Right to Take Possession After Default

1. 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 Code Section 11-9-610.
2. Judicial and nonjudicial process.    A secured party may proceed under subsection (a) of this Code section:
   1. Pursuant to judicial process; or
   2. Without judicial process, if it proceeds without breach of the peace.
3. 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.

History. Code 1981, § 11-9-609 , enacted by Ga. L. 2001, p. 362, § 1.

Law reviews.

For note discussing repossession and foreclosure as creditor’s remedies under the Uniform Commercial Code, see 3 Ga. L. Rev. 198 (1968).

For article discussing the resolution of conflicting claims to goods between an unsecured seller of goods and a creditor of a buyer claiming under an after-acquired property clause, see 28 Mercer L. Rev. 625 (1977).

For article critically analyzing the various elements constitutionally required for pre-judgment seizure of a debtor’s property, focusing on § 9-503 of the U.C.C., see 28 Mercer L. Rev. 665 (1977).

For comment on a secured party’s burden of proof in seeking a deficiency judgment after resale of collateral, see 33 Mercer L. Rev. 397 (1981).

For article surveying 1982 Eleventh Circuit cases involving bankruptcy law, see 34 Mercer L. Rev. 1209 (1983).

For note, “Wrongful Repossession in Georgia,” see 8 Ga. St. U.L. Rev. 223 (1992).