When They Take The Car Back
Bus. & Com. 9.609 — no court needed, and no breach of the peace allowed
In Texas, after a default a secured party may take possession of the collateral, such as a car bought on credit. It may do that through the courts, or without judicial process if it proceeds without breach of the peace.
No court order is required. No breach of the peace is allowed. The section gives the secured party two routes, judicial process or taking the collateral itself, and attaches one condition to the second: it has to proceed without breach of the peace. The section does not define breach of the peace, and what crosses that line is decided by courts, case by case.
- If the agreement provides for it, 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.
- With equipment, the secured party may instead render it unusable without removing it, and dispose of it on the debtor's premises.
A debtor, a secondary obligor, or another secured party or lienholder may redeem the collateral by tendering fulfillment of all obligations it secures, plus the reasonable expenses and attorney's fees the Code describes.
| Redemption is possible until the secured party has | Meaning |
|---|---|
| Redemption is possible until the secured party hasCollected the collateral | MeaningCollected on it as the Code allows |
| Redemption is possible until the secured party hasDisposed of the collateral, or contracted to | MeaningSold, leased or otherwise disposed of it, or signed a contract to |
| Redemption is possible until the secured party hasAccepted the collateral in satisfaction | MeaningKept it in full or partial satisfaction of the debt |
Notice before a sale, the rule that every aspect of a disposition be commercially reasonable, and any deficiency or surplus afterward are in other sections of the same part and are not reproduced here. Consumer credit and motor vehicle statutes may add requirements of their own. Whether a repossession breached the peace is a question for a court and for a licensed Texas attorney.
Sources for this section (2)
- Bus. & Com. 9.609 — Secured party right to take possession after default
- Bus. & Com. 9.623 — 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 Texas attorney.