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Missouri

What are the repossession laws in Missouri?

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2013-09-02 13:11:52
2013-09-02 13:11:52

The MO Uniform Commercial Code, the statute that governs secured transactions generally, was substantially amended in 2001. This is a verbatim partial summary of the bill that amended that statute:

UNIFORM COMMERCIAL CODE - This act substantially revises Article 9 of the Uniform Commercial Code regulating secured transactions. The scope of Article 9 is expanded to include additional types of property in which a security interest can be taken by a creditor and additional kinds of collateral, including sales of payment intangibles and promissory notes, security interests created by governmental debtors, health insurance receivables, consignments, and commercial tort claims.

The legislative site [see below] has the text of the 2001 bill which you can wade through (and the rest of the summary above), OR call your local legal aid office and ask if they have a current brochure that explains repossessions. Legal Aid or The Missouri Bar should have a brochure.

Generally, when people speak of repossession (a legal action a creditor may take after a person defaults on a secured transaction), they speak of motor vehicle (or boat or trailer) repossession. If that is your concern, read your sales agreement carefully. It will tell you if you have given the seller the right to take your car, boat or trailer if you have defaulted on payment.

Additional information: In 2002, SB 895 made minor modifications to statutory definitions relating to secured transactions, in s. 400.9-102; and on July 10, 2012, the governor signed HB 1400 slightly modifying perfection of security interests on property held as inventory (the bill also now allows mortgage brokers to charge certain fees).

Further additional information:

Section 400.9-102 was again amended, by HB 212 (2013), substantially, as to the definitions of the words "sign," "certificate of title," "public organic record," and "registered organization"; rules applying to collateral and financial statements; rules applying to a "payment intangible or promissory note"; records as to identification of debtors and decedents; corrections to records; financial statements filed in other jurisdictions; and fund transfers under 15 U.S.C., s. 1693o-1. Amendments are bolded in the bill text and are effective July 1, 2013 and June 30, 2018.

An Internet citation is not possible. Navigate to Missouri General Assembly, Current Legislation, House Bills. Click on the bill number, not the representative's name.

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