Section 47 Self-Help

• Library: Motor Vehicle 2011

A creditor who has a security interest in the debtor’s automobile will most likely repossess the automobile by means of self-help when there has been an alleged default. Apart from the contract, the right to self-help repossession is specifically provided in § 400.9-609, RSMo Supp. 2010, of the MUCC (Missouri Uniform Commercial Code), Chapter 400, RSMo. But the creditor may repossess by self-help only if it is done without a “breach
of the peace.” In Tatum v. General Motors Acceptance Corp.,
732 S.W.2d 591 (Mo. App. E.D. 1987), the court held that a creditor’s alleged breach of the peace of the debtor’s girlfriend did not...