Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 63 - Goods and Services Installment Sales
Section 6309 - Repossession; acceleration; right to cure


(a) Rights of holder.--If a buyer defaults in the performance of an obligation under a closed-end credit agreement or an open-end credit agreement, the holder, pursuant to the rights granted under the agreement:
(1) May proceed to recover judgment for the balance due or retake the goods.
(2) Shall comply with and be limited by the requirements of 13 Pa.C.S. (relating to commercial code).
(b) Prohibited actions.--Unless the buyer is in default and the seller or holder provides the buyer with the notice under subsection (c), a seller or holder may not:
(1) accelerate the maturity of the agreement; or
(2) commence legal action or repossess without legal process.
(c) Notice.--
(1) Notice under this section shall be:
(i) sent by certified mail to the buyer's last known address; or
(ii) delivered personally to the residence of the buyer.
(2) The notice shall inform the buyer of all the following:
(i) The right to cure the default within 21 days of the date of receipt of the notice upon the payment of all the following:
(A) The amount in default.
(B) Late fees under section 6343 (relating to late fees).
(C) Extension and deferment charges under section 6347 (relating to extension and deferment).
(D) Actual repossession costs.
(ii) The name, address and telephone number of the seller or holder.
(iii) The total amount due, which is the sum of the items in subparagraph (i).
(iv) The exact date by which the amount due must be paid.
(v) The name, address and telephone number of the person to whom payment must be made.
(vi) Other performance necessary to cure a default arising from other than nonpayment of the obligation.
(3) The seller or holder is not required to provide the notice under this subsection more than once in any 12-month period.
(d) Rights of buyer; curing default.--
(1) The buyer shall have the rights specified in the notice under subsection (c).
(2) The act of curing a default restores to the buyer the rights under the agreement as though no default had occurred.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 12 - COMMERCE AND TRADE

Chapter 63 - Goods and Services Installment Sales

Extra - Chapter Notes

Section 6301 - Scope of chapter

Section 6302 - Definitions

Section 6303 - Waiver

Section 6304 - Applicability

Section 6305 - Prohibited activities and provisions

Section 6306 - Assignment

Section 6307 - Venue

Section 6308 - Attorney fees and costs

Section 6309 - Repossession; acceleration; right to cure

Section 6310 - Lien

Section 6311 - Validity

Section 6312 - Discharge of obligation

Section 6313 - Prepayment of obligation

Section 6314 - Acknowledgment of payment in full

Section 6321 - General rules

Section 6322 - Contents

Section 6323 - Copy of agreement

Section 6324 - Agreement resulting from telephone or mail communications

Section 6325 - Purchase money loan; notice

Section 6326 - Statement to buyer

Section 6327 - Refinancing

Section 6328 - New payment schedule

Section 6329 - Add-on sales

Section 6331 - Establishment

Section 6332 - Requirements

Section 6333 - Applicability and effect of subchapter

Section 6341 - Applicability

Section 6342 - Insurance

Section 6343 - Late fees

Section 6344 - Costs of collection

Section 6345 - Finance charges

Section 6346 - Costs from nonaffiliated entity

Section 6347 - Extension and deferment

Section 6348 - Interest rate after maturity

Section 6351 - Willful and intentional violations

Section 6352 - Noncompliance; costs and charges

Section 6353 - Willful violations regarding finance charges

Section 6354 - Corrections

Section 6355 - Unfair trade practice