Idaho Code
Part 6 - DEFAULT
Section 28-9-609 - SECURED PARTY’S RIGHT TO TAKE POSSESSION AFTER DEFAULT.

28-9-609. SECURED PARTY’S RIGHT TO TAKE POSSESSION AFTER DEFAULT. (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 28-9-610.
(b) A secured party may proceed under subsection (a) of this section:
(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.

History:
[28-9-609, added 2001, ch. 208, sec. 2, p. 784.]

<< Previous
Next >>

Structure Idaho Code

Idaho Code

Title 28 - COMMERCIAL TRANSACTIONS

Chapter 9 - SECURED TRANSACTIONS

Part 6 - DEFAULT

Section 28-9-601 - RIGHTS AFTER DEFAULT — JUDICIAL ENFORCEMENT — CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT INTANGIBLES OR PROMISSORY NOTES.

Section 28-9-602 - WAIVER AND VARIANCE OF RIGHTS AND DUTIES.

Section 28-9-603 - AGREEMENT ON STANDARDS CONCERNING RIGHTS AND DUTIES.

Section 28-9-604 - PROCEDURE IF SECURITY AGREEMENT COVERS REAL PROPERTY OR FIXTURES.

Section 28-9-605 - UNKNOWN DEBTOR OR SECONDARY OBLIGOR.

Section 28-9-606 - TIME OF DEFAULT FOR AGRICULTURAL LIEN.

Section 28-9-607 - COLLECTION AND ENFORCEMENT BY SECURED PARTY.

Section 28-9-608 - APPLICATION OF PROCEEDS OF COLLECTION OR ENFORCEMENT — LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.

Section 28-9-609 - SECURED PARTY’S RIGHT TO TAKE POSSESSION AFTER DEFAULT.

Section 28-9-610 - DISPOSITION OF COLLATERAL AFTER DEFAULT.

Section 28-9-611 - NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.

Section 28-9-612 - TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.

Section 28-9-613 - CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL — GENERAL.

Section 28-9-614 - CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL — CONSUMER GOODS TRANSACTION.

Section 28-9-615 - APPLICATION OF PROCEEDS OF DISPOSITION — LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.

Section 28-9-616 - EXPLANATION OF CALCULATION OF SURPLUS OR DEFICIENCY.

Section 28-9-617 - RIGHTS OF TRANSFEREE OF COLLATERAL.

Section 28-9-618 - RIGHTS AND DUTIES OF CERTAIN SECONDARY OBLIGORS.

Section 28-9-619 - TRANSFER OF RECORD OR LEGAL TITLE.

Section 28-9-620 - ACCEPTANCE OF COLLATERAL IN FULL OR PARTIAL SATISFACTION OF OBLIGATION — COMPULSORY DISPOSITION OF COLLATERAL.

Section 28-9-621 - NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL.

Section 28-9-622 - EFFECT OF ACCEPTANCE OF COLLATERAL.

Section 28-9-623 - RIGHT TO REDEEM COLLATERAL.

Section 28-9-624 - WAIVER.

Section 28-9-625 - REMEDIES FOR SECURED PARTY’S FAILURE TO COMPLY WITH CHAPTER.

Section 28-9-626 - ACTION IN WHICH DEFICIENCY OR SURPLUS IS IN ISSUE.

Section 28-9-627 - DETERMINATION OF WHETHER CONDUCT WAS COMMERCIALLY REASONABLE.

Section 28-9-628 - NONLIABILITY AND LIMITATION ON LIABILITY OF SECURED PARTY — LIABILITY OF SECONDARY OBLIGOR.