§11017. Repossession activity

1.  Right to take possession after default.  Except in the case of a residential real estate property preservation provider, a debt collector acting on behalf of a creditor may take possession of collateral only if possession can be taken without entry into a dwelling, unless that entry has been authorized after default and without the use of force or other breach of the peace.

[PL 2013, c. 521, Pt. E, §3 (AMD).]

2.  Return of private property.  Except in the case of a residential real estate property preservation provider, a debt collector shall inventory any unsecured property taken with repossessed collateral and immediately notify the consumer that the property will be made available in a manner convenient to the consumer.

[PL 2013, c. 521, Pt. E, §3 (AMD).]

3.  Special treatment for necessary medical device or equipment in a repossessed vehicle.  A consumer who has unsecured property taken when a vehicle is repossessed pursuant to Title 29-A, section 665, subsection 6 may have that property returned by complying with this subsection.

The consumer shall notify the debt collector that:

A. Unsecured property was taken with a repossessed vehicle;   [PL 2009, c. 45, §2 (NEW).]

B. The unsecured property includes a medical device or equipment necessary for health or welfare; and   [PL 2009, c. 45, §2 (NEW).]

C. The consumer does not have practicable means to retrieve the medical device or equipment.   [PL 2009, c. 45, §2 (NEW).]

If the consumer makes a reasonable request for the return of the medical device or equipment, the debt collector shall arrange to have the medical equipment or device promptly returned to the consumer. If the debt collector incurs expenses in actually returning the medical device or equipment to the consumer, those reasonable expenses are considered a reasonable charge incurred in realizing on a security interest in personal property, pursuant to Title 9-A, section 3-402, subsection 1, paragraph B, which may be added to the consumer's indebtedness.

[PL 2009, c. 45, §2 (NEW).]

4.  Residential real estate property preservation.  A residential real estate property preservation provider may enter into a dwelling only if authorized by the terms of a note, contract or mortgage. The provider may not use force or effect a breach of the peace against any person. The provider shall inventory any unsecured items removed from the dwelling and immediately notify the appropriate consumer that the unsecured items will be made available in a manner convenient to the consumer. The provider shall make a permanent record of all steps taken to preserve and secure the dwelling and shall make that record and the inventory of removed unsecured items available to the consumer upon written request.

[PL 2013, c. 521, Pt. E, §4 (NEW).]

SECTION HISTORY

PL 1993, c. 126, §3 (NEW). PL 2009, c. 45, §2 (AMD). PL 2013, c. 521, Pt. E, §§3, 4 (AMD).