Repossession

Under Washington Law and under the Uniform Commercial Code as adopted by Washington State, a secured creditor may enforce a secured interest in personal property or consumer goods either judicially (through the courts) or by repossession (self help remedy).

Repossession is only legal if the creditor has a secured interest in the property being repossessed and if the repossession does not breach the peace. If the police are contacted during a repossession attempt, the repossession has breached the peace.

While a sales or lease contract may allow a secured creditor to repossess the property the minute your payment is late, doing so may violate the Consumer Protection Act, RCW 19.86.

Doing so may also breach the duty of good faith required under the UCC. If you believe your property has been repossessed unfairly or illegally, you may contact me at: 509-327-2224

Additionally, if property is repossessed and sold to satisfy the loan obligation, the sale must be conducted in a commercially reasonable manner.