Mich. Comp. Laws » Michigan Compiled Laws / Chapter 440 / Act 174 of 1962
Michigan Compiled Laws

Mich. Comp. Laws § 440.9609 (2026)

Secured party's right to take possession after default.

✓ current as of July 2026
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UNIFORM COMMERCIAL CODE


Act 174 of 1962


440.9609 Secured party's right to take possession after default.

Sec. 9609.

    (1) After default, a secured party may do 1 or more of the following:

    (a) Take possession of the collateral.

    (b) Without removal, render equipment unusable and dispose of collateral on a debtor's premises under section 9610.

    (2) A secured party may proceed under subsection (1) either pursuant to judicial process, or 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 that is reasonably convenient to both parties.

History: Add. 2000, Act 348, Eff. July 1, 2001

Notes of Decisions
Cited in 16 cases (8 in the last 5 years), 2009–2026 · leading case: Charles Magley III v. M&W Inc., 926 N.W.2d 1 (Mich. Ct. App. 2018).
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Charles Magley III v. M&W Inc., 926 N.W.2d 1 (Mich. Ct. App. 2018). · cites it 2× “MCL 440.9609(1)(a). However, repossession of property in which a creditor does not have a security interest can constitute conversion.”
People of Michigan v. Henry Anderson, 912 N.W.2d 607 (Mich. Ct. App. 2018). “Anderson contends that the self-help repossession statute, MCL 440.9609, provides that a secured party may take possession of collateral without judicial process if it proceeds without breach of the peace.”
Alexander v. Blackhawk Recovery & Investigation, L.L.C., 731 F. Supp. 2d 674 (E.D. Mich. 2010). “LAWS § 440.9609(l)-(2). The notes to this section provide that: [T]his section does not define or explain the conduct that will constitute breach of the peace, leaving that matter for continuing development by the courts.”
Boyd v. Direct Capital Corp. (In Re Pizzano), 439 B.R. 445 (Bankr. W.D. Mich. 2010). “§ 440.9609(l)(a) (secured party may take possession of collateral after default).”
Steinberg v. Young, 641 F. Supp. 2d 637 (E.D. Mich. 2009). “§ 440.9609(l)(a), and “sell, lease, license, or otherwise dispose of any or all of the collateral .”
Hart (W.D. Mich. 2025). · cites it 10× “” Mich. Comp. Laws § 440.9609 (2).2 Hart argues that the repossession agent’s actions qualify as a breach of the peace.”
BMO Bank N.A. v. D H Trucking Inc. (E.D. Mich. 2024). · cites it 4× “Mich. Comp. Laws § 440.9609 . It is uncontested that BMO is a secured party with a security interest in the Collateral.”
Charles Magley III v. M&W Inc. (Mich. Ct. App. 2018). · cites it 2× “MCL 440.9609(1)(a). However, repossession of property in which a creditor does not have a security interest can constitute conversion.”
PNC Bank, Nat'l Ass'n v. Ballrhodes Trucking, LLC (E.D. Mich. 2024). · cites it 2× “ECF 1, PgID 10–11; Mich. Comp. Laws § 440.9609 (“After default, a secured party may .”
Wierckz v. Greenstate Credit Union (W.D. Mich. 2025). · cites it 2× “June 5, 2023): The self-help remedy set forth in Michigan's version of the Uniform Commercial Code, Mich. Comp. Laws § 440.9609 , codifies the well-recognized common-law remedy of self-help.”
PNC Bank, Nat'l Ass'n v. Andy's Excavation LLC (W.D. Mich. 2025). · cites it 2× “Mich. Comp. Laws § 440.9609 . That claim, if it does not fail by virtue of the choice-of-law provision in the loan agreement, is moot for the same reason as the Pennsylvania turnover-of-collateral claim.”
People of Michigan v. Henry Anderson (Mich. Ct. App. 2018). “Anderson’s argument fails because he has not met his burden to establish the factual predicate for his claim.”
Show all 16 citing cases →
— Mich. Comp. Laws § 440.9609(1)(a) — 3 cases
Charles Magley III v. M&W Inc., 926 N.W.2d 1 (Mich. Ct. App. 2018). “MCL 440.9609(1)(a). However, repossession of property in which a creditor does not have a security interest can constitute conversion.”
Charles Magley III v. M&W Inc. (Mich. Ct. App. 2018). “MCL 440.9609(1)(a). However, repossession of property in which a creditor does not have a security interest can constitute conversion.”
Evangelista v. Silver (Bankr. E.D. Mich. 2022).
— Mich. Comp. Laws § 440.9609(2) — 1 case
Hart (W.D. Mich. 2025). “” Mich. Comp. Laws § 440.9609 (2).2 Hart argues that the repossession agent’s actions qualify as a breach of the peace.”
— Mich. Comp. Laws § 440.9609(l) — 1 case
Alexander v. Blackhawk Recovery & Investigation, L.L.C., 731 F. Supp. 2d 674 (E.D. Mich. 2010). “LAWS § 440.9609(l)-(2). The notes to this section provide that: [T]his section does not define or explain the conduct that will constitute breach of the peace, leaving that matter for continuing development by the courts.”
— Mich. Comp. Laws § 440.9609(l)(a) — 2 cases
Boyd v. Direct Capital Corp. (In Re Pizzano), 439 B.R. 445 (Bankr. W.D. Mich. 2010). “§ 440.9609(l)(a) (secured party may take possession of collateral after default).”
Steinberg v. Young, 641 F. Supp. 2d 637 (E.D. Mich. 2009). “§ 440.9609(l)(a), and “sell, lease, license, or otherwise dispose of any or all of the collateral .”
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