Nev. Rev. Stat. § 104.9609
Secured party’s right to take possession or dispose of collateral after default
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NRS 104.9609 Secured party’s right to take possession or dispose of
collateral after default.
1. After default, a secured party:
(a) May take possession of the collateral;
(b) If a debtor so agrees, 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; and
(c) Without removal may render equipment unusable and dispose of collateral on a debtor’s premises under NRS 104.9610.
2. A secured party may proceed under subsection 1:
(a) Pursuant to judicial process; or
(b) Without judicial process, if it proceeds without breach of the peace.
(Added to NRS by 1999, 349)
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2020–2024 · leading case: Droge v. AAAA Two Star Towing, Inc.
Droge v. AAAA Two Star Towing, Inc. (2020)
“: Under NRS 104.9609—part of Nevada's version of the Uniform Commercial Code (U.”
DROGE VS. AAAA TWO STAR TOWING, INC. (2020)
“: Under NRS 104.9609—part of Nevada's version of the Uniform Commercial Code (U.”
Mitchell v. Auto Mart LLC (2024)
“Mitchell alleges that Auto Mart violated 11 NRS § 104.9609, which entitles a secured party to a self-help repossession after a default occurs, 12 provided it does so in a reasonable manner without breaching the peace; NRS 104.”
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