Pa. Cons. Stat. » 12 Pa. Cons. Stat. (COMMERCE AND TRADE) / Chapter 63

12 Pa. Cons. Stat. § 6309

 Repossession; acceleration; right to cure.

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§ 6309.  Repossession; acceleration; right to cure.

(a)  Rights of holder.--If a buyer defaults in the performance of an obligation under a closed-end credit agreement or an open-end credit agreement, the holder, pursuant to the rights granted under the agreement:

(1)  May proceed to recover judgment for the balance due or retake the goods.

(2)  Shall comply with and be limited by the requirements of 13 Pa.C.S. (relating to commercial code).

(b)  Prohibited actions.--Unless the buyer is in default and the seller or holder provides the buyer with the notice under subsection (c), a seller or holder may not:

(1)  accelerate the maturity of the agreement; or

(2)  commence legal action or repossess without legal process.

(c)  Notice.--

(1)  Notice under this section shall be:

(i)  sent by certified mail to the buyer's last known address; or

(ii)  delivered personally to the residence of the buyer.

(2)  The notice shall inform the buyer of all the following:

(i)  The right to cure the default within 21 days of the date of receipt of the notice upon the payment of all the following:

(A)  The amount in default.

(B)  Late fees under section 6343 (relating to late fees).

(C)  Extension and deferment charges under section 6347 (relating to extension and deferment).

(D)  Actual repossession costs.

(ii)  The name, address and telephone number of the seller or holder.

(iii)  The total amount due, which is the sum of the items in subparagraph (i).

(iv)  The exact date by which the amount due must be paid.

(v)  The name, address and telephone number of the person to whom payment must be made.

(vi)  Other performance necessary to cure a default arising from other than nonpayment of the obligation.

(3)  The seller or holder is not required to provide the notice under this subsection more than once in any 12-month period.

(d)  Rights of buyer; curing default.--

(1)  The buyer shall have the rights specified in the notice under subsection (c).

(2)  The act of curing a default restores to the buyer the rights under the agreement as though no default had occurred.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2020–2022 · leading case: Michael Lutz v. Portfolio Recovery Associates
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Michael Lutz v. Portfolio Recovery Associates (2022) ca3 “See 12 Pa. Cons. Stat. § 6309 . Instead of answering the complaint, PRA moved to dismiss it for failure to state a claim upon which relief could be granted.”
LUTZ v. PORTFOLIO RECOVERY ASSOCIATES, LLC (2021) pawd · cites it 5× “Plaintiff’s causes of action against Defendant PRA stem from two theories: First, that by filing the state court action against Lutz without first satisfying statutory pre-suit notice procedures set forth in 12 Pa. C.S. § 6309, Defendant PRA used misleading and/or unfair means…”
HUTCHISON v. CAVALRY SPV I LLC (2020) pawd “at ¶ 17 (citing 12 Pa. C.S. § 6309(b)(2)). Right to cure notices must be sent by certified mail or delivered personally to a consumer.”
— 12 Pa. Cons. Stat. § 6309(b)(2) — 1 case
HUTCHISON v. CAVALRY SPV I LLC (2020) pawd “at ¶ 17 (citing 12 Pa. C.S. § 6309(b)(2)). Right to cure notices must be sent by certified mail or delivered personally to a consumer.”
— 12 Pa. Cons. Stat. § 6309(c) — 1 case
LUTZ v. PORTFOLIO RECOVERY ASSOCIATES, LLC (2021) pawd “Plaintiff’s causes of action against Defendant PRA stem from two theories: First, that by filing the state court action against Lutz without first satisfying statutory pre-suit notice procedures set forth in 12 Pa. C.S. § 6309, Defendant PRA used misleading and/or unfair means…”
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