28-45-108. CREDITOR’S RIGHT TO TAKE POSSESSION AFTER DEFAULT. Upon default by a debtor with respect to a regulated consumer credit transaction, unless the debtor voluntarily surrenders possession of the collateral to the creditor, the creditor may take possession of the collateral without judicial process only if possession can be taken without entry into a dwelling and without the use of force or other breach of the peace.
History:
[28-45-108, added 1983, ch. 119, sec. 3, p. 296.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 45 - REMEDIES AND PENALTIES
Part 1 - LIMITATIONS ON CREDITORS’ REMEDIES
Section 28-45-101 - SHORT TITLE.
Section 28-45-103 - RESTRICTIONS ON DEFICIENCY JUDGMENTS.
Section 28-45-104 - LIMITATION ON GARNISHMENT.
Section 28-45-105 - NO DISCHARGE FROM EMPLOYMENT FOR GARNISHMENT.
Section 28-45-106 - UNCONSCIONABILITY.
Section 28-45-108 - CREDITOR’S RIGHT TO TAKE POSSESSION AFTER DEFAULT.