South Carolina § 36-9-609 - Secured party's right to take possession after default.
Full text of South Carolina South Carolina Code of Laws § 36-9-609 — Secured party's right to take possession after default., with citation guidance and answers to common questions.
§ 36-9-609. Secured party's right to take possession after default.
(a) After default, a secured party:
(1) may take possession of the collateral; and
(2) without removal, may render equipment unusable and dispose of collateral on a debtor's premises under Section 36-9-610.
(b) A secured party may proceed under subsection (a):
(1) pursuant to judicial process; or
(2) without judicial process, if it proceeds without breach of the peace.
(c) 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.
HISTORY: 2001 Act No. 67, SECTION 12.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 36-9-609
What does South Carolina Code of Laws § 36-9-609 cover?
Section 36-9-609 ("Secured party's right to take possession after default.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 36-9-609?
A common citation format is "South Carolina Code of Laws § 36-9-609" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 36-9-609 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.