|
HERBERT R. O'CONOR, GOVERNOR. 1509
can be repossessed without use of force, they shall be re-
possessed by legal process. Nothing herein shall be construed
to authorize a violation of the criminal law.
(b) In his discretion, the holder, at least ten days before he
repossesses the goods, may first serve written notice on the
buyer of intention to repossess. The notice shall state the
default and the period, if any, at the end of which the goods
will be repossessed, and shall briefly state the buyer's rights in
case the goods are repossessed. Such notice may be delivered
to the buyer personally or be sent by registered mail to his last
known address.
(c) Within five days after any goods are repossessed, the
holder shall deliver to the buyer personally, or send to him by
registered mail to his last known address, a written notice
stating briefly (1) the buyer's right to redeem and the amount
payable therefor; (2) the buyer's rights as to a resale and his
liability for a deficiency; and (3) the exact address where the
goods are stored and the exact address where any payment is
to be made or notice delivered.
124. Redemption, (a) The holder shall retain repossessed
goods for 15 days after notice has been delivered pursuant to
Section 123(c), within the county where they were located
when repossessed or within the county where they were sold,
during which period the buyer may redeem the goods and be-
come entitled to take possession of them and to continue in the
performance of the agreement. To redeem the goods the buyer
shall
(1) pay or tender the amount due at the time of redemption
under the agreement, without giving effect to any provision
thereof for accelerating all or any part of the instalments
otherwise payable after that time; and
(2) perform or tender performance of any other promise for
the breach of which the goods were repossessed; and
(3) if notice was given pursuant to Section 123(b), shall
pay the actual and reasonable expenses of retaking and
storing.
(b) This section shall not apply and no such right of re-
demption shall exist if the buyer was guilty of fraudulent con-
duct, or intentionally and wrongfully concealed, removed,
damaged or destroyed the goods, or attempted so to do, and
the goods were repossessed because of such conduct.
125. Conditions of Re-sale; Application of Proceeds; De-
ficiency, (a) If the buyer has paid at least 50% of the cash
price of the goods, and within such fifteen (15) day period
referred to in Section 124 shall so request in writing, sent by
registered mail, it shall be the duty of the seller to sell the
goods at public auction; provided, however, that the buyer
|