P.R. Laws tit. 19, § 2369

2019-02-20 00:00:00+00
§ 2369. Secured party's right to take possession after default

(a) Possession; rendering equipment unusable; disposition on debtor's premises.— After default, a secured party:

(1) May take possession of the collateral, provided, however, that in a consumer-goods transaction prior to the taking of possession the secured party shall be required to give the debtor at least five (5) days written notice, to the last known address of debtor, of the intent to take possession of the collateral, and

(2) without removal, may render equipment unusable and dispose of collateral on a debtor's premises under § 2370 of this title.

(b) Judicial and nonjudicial process.— A secured party may proceed under subsection (a) of this section:

(1) pursuant to judicial process, or

(2) without judicial process, if it proceeds without breach of the peace.

(c) Assembly of collateral.— 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.

(d) Consumer-goods transaction.— In a consumer-goods transaction the security agreement shall bear the following notice in the space immediately preceding the signature of the debtor: NOTICE TO DEBTOR. YOU ARE HEREBY NOTIFIED THAT THE SECURED PARTY MAY AFTER AN EVENT OF DEFAULT TAKE POSSESSION OF THE COLLATERAL WITHOUT JUDICIAL PROCESS.

History —Sept. 19, 1996, No. 241, added as § 9-609 on Jan. 17, 2012, No. 21, § 11, eff. 1 year after Jan. 17, 2012.