Question

Who's Entitled?

So long as a breach of the peace does not result, a lender may repossess goods on the debtor’s default under the self-help provision of Article 9. Do you think that debtors have a right to be told in advance about a planned repossession? Some observers argue that the self-help remedy under Article 9 should be abolished. Do you agree? Why or why not?

Answer 1

Under the self help section of article 9 the debtor must be told in advance about the planned repossession. When they do not respond even after being informed then the creditor is free to do th erepossession. This self help remedy is the solution for many unsolved cases where the debtors and creditors fail to keep up to the contract and hence this remedy should not be abolished. However certain regulations are present which are to be followed for this and the situations which come outside these regualtions are not applicable for self help remedy.