LOUISIANA AMENDMENT WILL ALLOW USE OF SELF-HELP REPOSSESSION OF MOTOR VEHICLES
As many secured lenders are aware, use of self-help to repossess motor vehicle collateral has been strictly prohibited in Louisiana. As of January 1, 2005, Louisiana will join the other 48 states that allow use of self-help repossession, without breach of peace, under limited circumstances. In order to utilize the self-help remedy, however, the secured partys security agreement must contain specific language disclosing that a motor vehicle can be repossessed in Louisiana without judicial process. A Notice of Repossession is also required prior to the use of self-help, with specific disclosure language to the consumer. The self-help remedy may only be utilized by: (i) financial institutions chartered under the laws Louisiana, another state, or the United States; (ii) persons licensed or regulated as lenders by the commissioner of financial institutions pursuant to the Louisiana Consumer Credit Law; and (iii) persons licensed or regulated as lenders by the Louisiana Motor Vehicle Commission pursuant to the Louisiana Motor Vehicle Sales Finance Act.
If you would like additional information regarding this Alert, or if we can be of assistance in drafting or reviewing Louisiana security agreements and Repossession Notices to ensure compliance with the amended statute, please contact Darrell Dreher at (614) 628- 1601 or [email protected] or Robin De Leo at (985) 727-1664 or [email protected].
Darrell Dreher and Robin De Leo