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 Montana, repossession of property 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 loan by failing to make timely payments, the creditor has the right to repossess the collateral, such as vehicles, boats, or other personal property, as specified in the security agreement. The creditor can typically repossess the property without a court order, provided the repossession is conducted without breaching the peace. After repossession, the creditor may sell the property to satisfy the debt, but must notify the debtor of the sale and conduct it in a commercially reasonable manner. If the sale proceeds exceed the debt and expenses, the surplus must be returned to the debtor. If the proceeds are insufficient, the creditor may seek a deficiency judgment for the remaining amount owed. Debtors have rights under Montana law, including the right to redeem the property by paying the full debt plus any reasonable expenses incurred by the creditor before the property is sold.