RCW 62A.9A-601
Rights after default; judicial enforcement;
consignor or buyer of accounts, chattel paper, payment
intangibles, or promissory notes. (Effective until July 1,
2013.)
(a) Rights of secured party after default. After
default, a secured party has the rights provided in this part
and, except as otherwise provided in RCW 62A.9A-602, those
provided by agreement of the parties. A secured party:
(1) May reduce a claim to judgment, foreclose, or otherwise
enforce the claim, security interest, or agricultural lien by any
available judicial procedure; and
(2) If the collateral is documents, may proceed either as to
the documents or as to the goods they cover.
(b) Rights and duties of secured party in possession or
control. A secured party in possession of collateral or control
of collateral under RCW 62A.9A-104, 62A.9A-105, 62A.9A-106, or62A.9A-107
has the rights and duties provided in RCW 62A.9A-207.
(c) Rights cumulative; simultaneous exercise. The rights
under subsections (a) and (b) of this section are cumulative and
may be exercised simultaneously.
(d) Rights of debtor and obligor. Except as otherwise
provided in subsection (g) of this section and RCW 62A.9A-605,
after default, a debtor and an obligor have the rights provided
in this part and by agreement of the parties.
(e) Lien of levy after judgment. If a secured party has
reduced its claim to judgment, the lien of any levy that may be
made upon the collateral by virtue of an execution based upon the
judgment relates back to the earliest of:
(1) The date of perfection of the security interest or
agricultural lien in the collateral;
(2) The date of filing a financing statement covering the
collateral; or
(3) Any date specified in a statute under which the
agricultural lien was created.
(f) Execution sale. A sale pursuant to an execution is a
foreclosure of the security interest or agricultural lien by
judicial procedure within the meaning of this section. A secured
party may purchase at the sale and thereafter hold the collateral
free of any other requirements of this Article.
(g) Consignor or buyer of certain rights to payment. Except
as otherwise provided in RCW 62A.9A-607(c), this part imposes no
duties upon a secured party that is a consignor or is a buyer of
accounts, chattel paper, payment intangibles, or promissory
notes.
(h) Enforcement restrictions. All rights and remedies
provided in this part with respect to promissory notes or an
agreement between an account debtor and a debtor which relates to
a health-care-insurance receivable or a general intangible,
including a contract, permit, license, or franchise, are subject
to RCW 62A.9A-408 to the extent applicable.
[2000 c 250 § 9A-601.]
RCW 62A.9A-601
Rights after default; judicial enforcement;
consignor or buyer of accounts, chattel paper, payment
intangibles, or promissory notes. (Effective July 1, 2013.)
(a)
Rights of secured party after default. After default, a secured
party has the rights provided in this part and, except as
otherwise provided in RCW 62A.9A-602, those provided by agreement
of the parties. A secured party:
(1) May reduce a claim to judgment, foreclose, or otherwise
enforce the claim, security interest, or agricultural lien by any
available judicial procedure; and
(2) If the collateral is documents, may proceed either as to
the documents or as to the goods they cover.
(b) Rights and duties of secured party in possession or
control. A secured party in possession of collateral or control
of collateral under RCW 62A.9A-104, 62A.9A-105, 62A.9A-106, or62A.9A-107
has the rights and duties provided in RCW 62A.9A-207.
(c) Rights cumulative; simultaneous exercise. The rights
under subsections (a) and (b) of this section are cumulative and
may be exercised simultaneously.
(d) Rights of debtor and obligor. Except as otherwise
provided in subsection (g) of this section and RCW 62A.9A-605,
after default, a debtor and an obligor have the rights provided
in this part and by agreement of the parties.
(e) Lien of levy after judgment. If a secured party has
reduced its claim to judgment, the lien of any levy that may be
made upon the collateral by virtue of an execution based upon the
judgment relates back to the earliest of:
(1) The date of perfection of the security interest or
agricultural lien in the collateral;
(2) The date of filing a financing statement covering the
collateral; or
(3) Any date specified in a statute under which the
agricultural lien was created.
(f) Execution sale. A sale pursuant to an execution is a
foreclosure of the security interest or agricultural lien by
judicial procedure within the meaning of this section. A secured
party may purchase at the sale and thereafter hold the collateral
free of any other requirements of this Article.
(g) Consignor or buyer of certain rights to payment. Except
as otherwise provided in RCW 62A.9A-607(c), this part imposes no
duties upon a secured party that is a consignor or is a buyer of
accounts, chattel paper, payment intangibles, or promissory
notes.
(h) Enforcement restrictions. All rights and remedies
provided in this part with respect to promissory notes or an
agreement between an account debtor and a debtor which relates to
a health-care-insurance receivable or a general intangible,
including a contract, permit, license, or franchise, are subject
to RCW 62A.9A-408 to the extent applicable.
[2011 c 74 § 722; 2000 c 250 § 9A-601.]
NOTES:
Application -- Correction of references -- Effective date -- 2011 c 74: See notes following RCW 62A.9A-102.