
Compliance
UCC Section 9-609
Courts should hold the secured party responsible for the actions taken on the secured party’s behalf including independent contractors engaged by the secured party to take possession of collateral.
This means that you are responsible for the actions of your recovery agent! Case law shows that breaching the peace and wrongful repossessions can easily occur in instances where both the secured party and the recovery agent have done everything right. Outside circumstances beyond the control of either party can cause a breach of peace and leave you vulnerable to a lawsuit. Does your current recovery agent carry enough insurance to protect themselves (and you) if this situation were to arise?