Repossession of property is the process by which a creditor recovers possession of the property when the debtor defaults on the debt by failing to make the required installment payments on time. Repossession is often used by a creditor who has extended credit to a debtor for the purchase of personal property, such as a motor vehicle, boat, machinery, equipment, tools, artwork, jewelry, or rent-to-own furniture or electronics.
The creditor’s right to repossess the property usually comes from the credit financing agreement the debtor signs when purchasing or renting-to-own the property.
Laws governing creditor and debtor rights and obligations—including the right to repossess property—vary from state to state and are usually located in a state’s statutes—often in the state’s adopted or enacted version of Article 9 of the Uniform Commercial Code, governing secured transactions.
In West Virginia, the process of repossession is governed by the state's version of Article 9 of the Uniform Commercial Code (UCC), which regulates secured transactions. When a debtor defaults on a secured debt, such as failing to make timely installment payments for personal property like vehicles, boats, or rent-to-own items, the creditor may have the right to repossess the collateral property. This right is typically outlined in the credit financing agreement signed by the debtor. Repossession in West Virginia can be done without a court order if it can be accomplished without breach of peace. If the repossession cannot be conducted peacefully, the creditor may need to obtain a replevin order from the court to recover the property. After repossession, the creditor must provide the debtor with a notice of their right to redeem the property and may be required to sell the property in a commercially reasonable manner. Debtors have the right to reinstate the contract under certain conditions and may have other rights and remedies under state law.