GA Code § 11-9-609 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 9 - Secured Transactions|Part 6 - Default|§ 11-9-609. Secured Party's Right to Take Possession After Default

  Possession; rendering equipment unusable; disposition on debtor's premises. After default, a secured party:   May take possession of the collateral; and   Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under Code Section 11-9-610.     Judicial and nonjudicial process. A secured party may proceed under subsection (a) of this Code section:   Pursuant to judicial process; or   Without judicial process, if it proceeds without breach of the peace.     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.     (Code 1981, §11-9-609, enacted by Ga. L. 2001, p. 362, § 1.)   Law reviews.   - For article discussing the resolution of conflicting claims to goods between an unsecured seller of goods and a creditor of a buyer claiming under an after-acquired property clause, see 28 Mercer L. Rev. 625 (1977). For article critically analyzing the various elements constitutionally required for pre-judgment seizure of a debtor's property, focusing on § 9-503 of the U.C.C., see 28 Mercer L. Rev. 665 (1977). For article surveying 1982 Eleventh Circuit cases involving bankruptcy law, see 34 Mercer L. Rev. 1209 (1983). For note discussing repossession and foreclosure as creditor's remedies under the Uniform Commercial Code, see 3 Ga. L. Rev. 198 (1968). For note, "Wrongful Repossession in Georgia," see 8 Ga. St. U.L. Rev. 223 (1992). For comment on a secured party's burden of proof in seeking a deficiency judgment after resale of collateral, see 33 Mercer L. Rev. 397 (1981).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Self-Help Repossession   Notice    OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In the light of the similarity of the provisions, opinions under former Article 9 are included in the annotations for this Code section. For a table of comparable provisions, see the table at the beginning of the Article.   Notice not required prior to repossession.   - Prior to taking possession of the collateral, the security interest holder is not required to give notice to the debtor absent prior agreement to the contrary. 1990 Op. Att'y Gen. No. 90-8.   RESEARCH REFERENCES   Am. Jur. 2d.   - 68A Am. Jur. 2d, Secured Transactions, §§ 121, 230, 590 et seq.   C.J.S.   - 72 C.J.S., Pledges, §§ 49, 50.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 9-609.   ALR.    - Right of chattel mortgagee to take possession of property without legal process, 57 A.L.R. 26.    Demand for payment or for possession as a condition of seller's right to retake property or otherwise enforce forfeiture under conditional sale, 59 A.L.R. 134.    Right of bank to charge depositor's indebtedness against deposit account without first exhausting collateral, 96 A.L.R. 1240.    Rights and remedies as between parties to conditional sale after seller has repossessed himself of the property, 99 A.L.R. 1288.    Right of conditional seller to retake property without legal process, 146 A.L.R. 1331.    Payment or discharge of principal obligation as affecting right of the pledgee to sue or continue pending suit against the maker of the collateral pledged, or judgment previously recovered on the collateral obligation, 157 A.L.R. 261.    Conditional sale: what amounts to waiver by buyer of seller's duty to give notice before repossessing the property, 174 A.L.R. 1363.   Construction of §§ 301 and 700 of Soldiers' and Sailors' Civil Relief Act of 1940, as amended, relating to instalment contracts for purchase of property, 24 A.L.R.2d 1074.   What conduct by repossessing chattel mortgagee or conditional vendor entails tort liability, 99 A.L.R.2d 358.   Validity, under state law, of self-help repossession of goods pursuant to UCC § 9-503, 75 A.L.R.3d 1061.   Secured transactions: Right of secured party to take possession of collateral on default under UCC § 9-503, 25 A.L.R.5th 696.