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Default and Creditor Remedies

What Happens After Default?

A default occurs when the debtor fails to fulfill obligations under the agreement. The secured party may enforce its rights according to the contract and applicable law.

  • Repossess collateral if permitted by law.
  • Dispose of collateral through a commercially reasonable sale.
  • Apply sale proceeds toward the outstanding debt.
  • Return any surplus to the debtor after satisfying obligations.
  • Seek a deficiency judgment if sale proceeds are insufficient, where allowed.
Note
Repossession generally cannot involve a breach of the peace.
Summary
Secured creditors have powerful remedies, but they must exercise them lawfully and fairly.