S-3747.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 6083

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senator L. Smith)

Read first time 1/30/92.Protecting personal property when motor vehicles are repossessed.

     AN ACT Relating to repossessing motor vehicles; and amending RCW 62A.9-503.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 62A.9-503 and 1965 ex.s. c 157 s 9-503 are each amended to read as follows:

(1) Unless otherwise agreed a secured party has on default the right to take possession of the collateral.  In taking possession a secured party may proceed without judicial process if this can be done without breach of the peace or may proceed by action.  If the security agreement so provides the 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.  Without removal a secured party may render equipment unusable, and may dispose of collateral on the debtor's premises under RCW 62A.9-504.

(2) Whenever the collateral repossessed under subsection (1) of this section is a motor vehicle that contains personal property of the debtor that is not covered by the security interest of the secured party, the agent of the secured party as holder as defined in RCW 63.29.010(8)(a) shall return such personal property to the debtor within forty-eight hours.  Any costs incurred in protecting and returning such personal property may not be added to any charges made by the secured party against the debtor.