· 4/15/1980
Census Federal Credit Union v. Wann
Citations
- 403 N.E.2d 348
- 28 U.C.C. Rep. Serv. (West) 1207
- 75 Ind. Dec. 313
- 1980 Ind. App. LEXIS 1407
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- no breach of the peace occurred when repossession from parking lot was not verbally or otherwise contested
- U.C.C. § 9-503 proscribes the use of force, intimidation, or harassment in the repossession of a chattel
- If repossession verbally or otherwise contested at time of attempted repossession by defaulting person in control of chattel, creditor must desist and pursue its remedy in court
- in the face of an oral protest the repossessing creditor must desist
- although secured party may not break into or enter homes or buildings or enclosed spaces to effectuate a repossession, repossession of vehicle from parking lot of debtor’s apartment building was not breach of the peace
- although secured party may not break into or enter homes or buildings or enclosed spaces to effectuate a repossession, repossession of vehicle from parking lot of debtor's apartment building was not breach of the peace
Source: CourtListener parenthetical corpus (CC0).
Judges: Neal, Robertson, Ratliff
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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