Mississippi Code
Miss. Code Ann. § 75-9-609 (2026)
Secured party's right to take possession after default
✓ current as of July 2026
- (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 75-9-610.
- (b) 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) 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.
Derived from former 1972 Code § 75-9-503 [Codes, 1942, § 41A:9-503; Laws, 1966, ch. 316, § 9-503, eff. 3/31/1968] and enacted by Laws, 2001, ch. 495, § 1, eff. 1/1/2002.
Notes of Decisions
Cited in 4
cases, 2001–2008 · leading case: Russell v. Performance Toyota, Inc., 826 So. 2d 719 (Miss. 2002).
Russell v. Performance Toyota, Inc., 826 So. 2d 719 (Miss. 2002). “Under the Uniform Commercial Code (adopted in Mississippi as Miss.Code Ann. § 75-9-609 (2002)), when a debtor has defaulted, a secured party has the right to take possession of the collateral without using judicial process.”
Miss. Com'n on Judical Perform. v. Osborne, 977 So. 2d 314 (Miss. 2008). “Miss.Code Ann. § 75-9-609(b)(2) (Rev.2002).”
Charles Russell v. Performance Toyota, Inc. (Miss. 2001). “Under the Uniform Commercial Code (adopted in Mississippi as Miss. Code Ann. § 75-9-609 (2002)), when a debtor has defaulted, a secured party has the right to take possession of the collateral without using judicial process.”
Ellis Contracting, Inc. v. Komatsu Fin., 906 So. 2d 805 (Miss. Ct. App. 2004). “On appeal, Ellis argues that a jury should have the opportunity to resolve whether Butler breached the peace and whether Butler had completed repossession. ¶ 23. Upon default, a secured party has the right to take possession of the collateral without judicial process if the…”
Miss. Code Ann. § 75-9-609(b)(2): 1 case
Miss. Com'n on Judical Perform. v. Osborne, 977 So. 2d 314 (Miss. 2008). “Miss.Code Ann. § 75-9-609(b)(2) (Rev.2002).”
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