Default Flashcards
1
Q
SELF-HELP REPOSSESSION
A
After default, the secured party is entitled to take possession of the collateral without judicial process (that is, by “self-help”) if this can be done without a breach of the peace. When a secured party breaches
the peace, the secured party loses the authorization to repossess, may be sued for conversion (and possibly assault, battery, trespass, etc.), and is liable for actual (and frequently punitive) damages.
2
Q
Breach of the Peace
A
Any conduct by the secured party that has the potential to lead to violence is a breach of the peace.
