self help

self-help, n. An attempt to redress a perceived wrong by one’s own action rather than through the normal legal process. • The UCC and other statutes provide for particular self-help remedies (such as repossession) if the remedy can be executed without breaching the peace. UCC § 9-609.

— Also termed self-redress; extrajudicial enforcement. [Cases: Secured Transactions 228. C.J.S. Secured Transactions §§ 151, 153–160, 180.]

“Notice to the debtor is generally not required prior to self-help repossession of collateral by the creditor upon default, although the provision for self-help repossession has been held to violate due process requirements in some instances, and states under the Uniform Consumer Credit Code require particular notice requirements. Furthermore, while the UCC generally does not require notice to the debtor upon self-help repossession of the collateral upon the debtor’s default, the agreement between the parties may require such notice prior to repossession.” 68A Am. Jur. 2d Secured Transactions § 608, at 466 (1993).


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双语律师Jerry,毕业于一所培养最顶级翻译人才的语言学院,擅长翻译各类与欧洲隐私及安全法相关的法律文件。
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