H. B. 4112
(By Delegates Hamilton, Stemple, Argento, Canterbury,
Mahan, Proudfoot, Guthrie and Kessler)
[Introduced January 21, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §46-9-609 of the Code of West Virginia,
1931, as amended, relating to a secured party notifying the
local police department prior to repossessing any motor
vehicles without the knowledge of the debtor.
Be it enacted by the Legislature of West Virginia:
That §46-9-609 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 9. SECURED TRANSACTIONS.
§46-9-609. Secured party's right to take possession after default.
(a)
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 section 9-610.
(b)
Judicial and nonjudicial process. -- 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.
In the case of repossession of any motor vehicles
without the knowledge of the debtor, the secured party shall notify
the appropriate county or metro communications center, the State
Police, and the county sheriff or local law-enforcement department
prior to the repossession or immediately thereafter and give
information including, but not limited to, the debtor's name,
address, a description of the motor vehicle and the location of the
seizure. In the absence of a local police department or if the
local police department cannot be reached for notification, the
State Police shall be notified of the repossession.
(c)
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.
NOTE: The purpose of this bill is to notify communication
centers and law-enforcement departments before motor vehicles are
repossessed without the knowledge of the debtor.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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