Ariz. Rev. Stat. » Title 47
Arizona Revised Statutes

Ariz. Rev. Stat. § 47-9609 (2026)

Secured party's right to take possession after default

✓ current as of May 2026
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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 47-9610.

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 that is reasonably convenient to both parties.

Notes of Decisions
Cited in 12 cases (10 in the last 5 years), 2007–2026 · leading case: Rand v. Porsche Fin. Servs., 167 P.3d 111 (Ariz. Ct. App. 2007).
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Rand v. Porsche Fin. Servs., 167 P.3d 111 (Ariz. Ct. App. 2007). · cites it 12× “In Walker , this court held that a police officer’s presence at the repossession of a vehicle constituted state action for purposes of Arizona’s self-help repossession statute, now A.R.S. § 47-9609 (2005), triggering the due process notice and hearing requirements of the…”
Dayka & Hackett, LLC v. Del Monte Fresh Produce, N.A., Inc., 269 P.3d 709 (Ariz. Ct. App. 2012). · cites it 2× “A secured party is entitled to take possession of the collateral after default, A.R.S. § 47-9609, dispose of the collateral, § 47-9610, and apply the proceeds of the disposition, § 47-9615.”
Wiley v. On Point Recovery & Transp. LLC (D. Ariz. 2024). · cites it 8× “11 Plaintiff filed suit on September 3, 2024, and brought two claims against Defendant 12 On Point: a violation of the Fair Debt Collection Practices Act, 15 U.”
Chavez v. Ford Motor Credit Co. LLC (D. Ariz. 2024). · cites it 6× “1 default under certain circumstances, A.R.S. § 47-9609 (“Self-Help statute”). (Doc.”
Miller v. Canvas Credit Union (D. Ariz. 2022). · cites it 3× “26 Counts three and four assert violations of A.R.S. § 47-9609(B)(2). Id. ¶¶ 47-54. 27 That statute permits a secured party, after default, to take possession of collateral without 28 judicial action.”
Weeks v. Titlemax of Arizona Inc. (D. Ariz. 2021). · cites it 2× “The First Amended Complaint brings two Counts alleging 23 violations of the Fair Debt Collection Practices Act and two more Counts alleging a 24 violation of A.R.S. § 47-9609 and trespass to chattel.”
Stewart v. Sw. Title Loans Inc. (D. Ariz. 2022). · cites it 2× “In particular, Arizona law permits secured 19 parties to take possession of collateral without judicial action so long as there is no breach 20 of the peace, A.R.S. § 47-9609(B)(2), and here there was a breach of the peace both because 21 Stewart protested the repossession and…”
Martinez v. Auto Now Fin. Servs. Inc. (D. Ariz. 2022). · cites it 2× “BACKGROUND 20 On July 2, 2021, Martinez filed her complaint against Defendant Auto Now and 21 Defendant All Star Recovery of Arizona, LLC (“All Star”) (together, “Defendants”) under 22 the Fair Debt Collection Practices Act, A.R.S § 47-9609, and common law conversion and 23…”
Polite (D. Ariz. 2025). · cites it 2× “A.R.S. §§ 47-9609(A)(1), 47-9610(A). 12 Even after the Parties entered into a settlement agreement, the vehicle was not a 13 bailment.”
Griffith (D. Ariz. 2026). · cites it 2× “, and 23 Article 9 of the Arizona Uniform Commercial Code, A.R.S. § 47-9609. 24 (Doc. 54 at 1). Further, “Plaintiff now applies for the entry of a default judgment against 25 Defendants in the total amount of $8,332.”
CapitalPlus Constr. Servs., LLC v. Blucor Contracting, Inc. (E.D. Tenn. 2021). “” Ariz. Rev. Stat. Ann. § 47-9609 , Official Comments ¶ 6.”
Polite (D. Ariz. 2026). “28 §§ 47-9609(A)(1), 47-9610(A).” (Doc. 35 at 9.”
— Ariz. Rev. Stat. § 47-9609(A)(1) — 2 cases
Polite (D. Ariz. 2025). “A.R.S. §§ 47-9609(A)(1), 47-9610(A). 12 Even after the Parties entered into a settlement agreement, the vehicle was not a 13 bailment.”
Polite (D. Ariz. 2026). “28 §§ 47-9609(A)(1), 47-9610(A).” (Doc. 35 at 9.”
— Ariz. Rev. Stat. § 47-9609(B)(2) — 3 cases
Miller v. Canvas Credit Union (D. Ariz. 2022). “26 Counts three and four assert violations of A.R.S. § 47-9609(B)(2). Id. ¶¶ 47-54. 27 That statute permits a secured party, after default, to take possession of collateral without 28 judicial action.”
Stewart v. Sw. Title Loans Inc. (D. Ariz. 2022). “In particular, Arizona law permits secured 19 parties to take possession of collateral without judicial action so long as there is no breach 20 of the peace, A.R.S. § 47-9609(B)(2), and here there was a breach of the peace both because 21 Stewart protested the repossession and…”
Chavez v. Ford Motor Credit Co. LLC (D. Ariz. 2024). “1 default under certain circumstances, A.R.S. § 47-9609 (“Self-Help statute”). (Doc.”
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