When They Take The Car Back
A.R.S. 47-9609 — no court needed, and no breach of the peace allowed
In Arizona, after default, a secured party may take possession of the collateral, through the courts or without them, but without the courts only if it proceeds without breach of the peace.
If agreed, and in any event after default, the secured party may require the debtor to assemble the collateral and make it available at a place it designates that is reasonably convenient to both sides.
Redeeming before the sale. A debtor may redeem the collateral by tendering everything the collateral secures, plus the reasonable expenses and attorney fees the code describes, at any time before the secured party has collected it, disposed of it or contracted to, or accepted it in satisfaction of the debt.
What counts as a breach of the peace is not defined in the section and is a question for case law, a court, and a licensed Arizona attorney.
Sources for this section (2)
- A.R.S. 47-9609 — Secured party's right to take possession after default
- A.R.S. 47-9623 — Right to redeem collateral
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.