84-9-609.
Secured party's alternatives after default; with or without judicial process; assembly of collateral.
(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 K.S.A. 2025 Supp. 84-9-610, and amendments thereto.
(b)
Judicial and nonjudicial process.
A secured party may proceed under subsection (a):
(1) Pursuant to judicial process; or
(2) without judicial process, if it proceeds without breach of the peace.
(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.
History:
L. 2000, ch. 142, § 107; July 1, 2001.
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 2005–2025 · leading case:
Stanley Bank v. Par., 264 P.3d 491 (Kan. Ct. App. 2011).
Stanley Bank v. Par., 264 P.3d 491 (Kan. Ct. App. 2011).
· cites it 3× “K.S.A. 2010 Supp. 84-9-609. In order to protect a secured interest in collateral against third parties who may claim a secured or unsecured interest in the same collateral, a secured creditor typically must file a financing statement with the appropriate government agency…”
McLinn v. Thomas Cnty. Sheriff's Dep't (D. Kan. 2021).
· cites it 9× “K.S.A. 84-9-609, UCC Comment (3) (“This section does not authorize a secured party who repossesses without judicial process to utilize the assistance of a law enforcement officer.”
Ronald V. Odette Fam. Ltd. P'ship v. AGCO Fin., LLC, 129 P.3d 95 (Kan. Ct. App. 2005).
“K.S.A. 2004 Supp. 84-9-609(a)(2). When Agricredit obtained its judgment against Odette and issued the writ of special execution, it followed the proper procedures allowed by the UCC, Article 9.”
Galindo v. Adrian (D. Kan. 2025).
· cites it 2× “3d at 1101 (quoting Kan. Stat. Ann. §§ 84-9-609 (a)(1), (b)(2)).”
— K.S.A. § 84-9-609(a)(1) — 2 cases
Stanley Bank v. Par., 264 P.3d 491 (Kan. Ct. App. 2011).
“K.S.A. 2010 Supp. 84-9-609. In order to protect a secured interest in collateral against third parties who may claim a secured or unsecured interest in the same collateral, a secured creditor typically must file a financing statement with the appropriate government agency…”
McLinn v. Thomas Cnty. Sheriff's Dep't (D. Kan. 2021).
“K.S.A. 84-9-609, UCC Comment (3) (“This section does not authorize a secured party who repossesses without judicial process to utilize the assistance of a law enforcement officer.”
— K.S.A. § 84-9-609(a)(2) — 1 case
Ronald V. Odette Fam. Ltd. P'ship v. AGCO Fin., LLC, 129 P.3d 95 (Kan. Ct. App. 2005).
“K.S.A. 2004 Supp. 84-9-609(a)(2). When Agricredit obtained its judgment against Odette and issued the writ of special execution, it followed the proper procedures allowed by the UCC, Article 9.”
— K.S.A. § 84-9-609(a)(l) — 1 case
Stanley Bank v. Par., 264 P.3d 491 (Kan. Ct. App. 2011).
“K.S.A. 2010 Supp. 84-9-609. In order to protect a secured interest in collateral against third parties who may claim a secured or unsecured interest in the same collateral, a secured creditor typically must file a financing statement with the appropriate government agency…”
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