Section 8.20 Alternative Remedy of Self-Help

• Library: Creditors' Remedies (2009 Ed. + 2014 Supp)

II. (§8.20) Alternative Remedy of Self-Help

One statutory alternative to replevin is the "self-help" remedy provided for in § 400.9-503, RSMo Supp. 2008, of Missouri's Uniform Commercial Code (MUCC), Chapter 400, RSMo, which provides that, on default, a party may take possession of the collateral without judicial process if it can be done without breach of the peace. The self-help remedy as provided for in the Missouri statutes has been held constitutional in Nichols v. Tower Grove Bank, 497 F.2d 404 (8^th Cir. 1974), and Nowlin v. Professional Auto Sales, Inc., 496...