Kentucky Revised Statutes

Ky. Rev. Stat. § 355.9-609 (2026)

Secured party's right to take possession after default

✓ current as of May 2026

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(1) After default, a secured party:

(a) May take possession of the collateral; and

(b) Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under KRS 355.9-610.

(2) A secured party may proceed under subsection (1) of this section:

(a) Pursuant to judicial process; or

(b) Without judicial process, if it proceeds without breach of the peace.

(3) 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. Effective: July 1, 2001 History: Created 2000 Ky. Acts ch. 408, sec. 127, effective July 1, 2001.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2005–2026 · leading case: LKS Pizza, Inc. v. Commonwealth Ex Rel. Rudolph, 169 S.W.3d 46 (Ky. Ct. App. 2005).

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LKS Pizza, Inc. v. Commonwealth Ex Rel. Rudolph, 169 S.W.3d 46 (Ky. Ct. App. 2005). “See also KRS 355.9-609 (secured party’s right to take possession of collateral after default); KRS 355.”

Vowels (W.D. Ky. 2026). · cites it 2× “Plaintiff’s complaint states: [I] am filing a civil action against Beacon Community Credit Union for the unlawful repossession of my 2021 Jeep Renegade, which was conducted without prior notice or opportunity to cure, in breach of contract and in violation of my statutory right…”

Morrison (W.D. Ky. 2026). “Third, Count III is for “Trespass to Chattels (Trust Property) for “[r]epossession without lawful authority or court order constitutes trespass against private trust property, in violation of KRS 355.9-609.” [Id.] And finally, Count IV is for “Fraudulent Lien and…”

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