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WAISNER v. JONES

No. 17503.

755 P.2d 598 (1988)

107 N.M. 260

Laura WAISNER, Petitioner, v. Larry JONES, Otero Federal Credit Union and Credit Union One, Respondents.

Supreme Court of New Mexico.

June 7, 1988.

Attorney(s) appearing for the Case

S. Thomas Overstreet, P.C., Alamogordo, for petitioner.

Wilson, Rank and Selph, Frank K. Wilson, Alamogordo, for respondents.

OPINION

RANSOM, Justice.

We granted certiorari to consider constitutional limitations on self-help repossession under the Uniform Commercial Code, specifically NMSA 1978, Section 55-9-503 (Repl.Pamp. 1987). Section 55-9-503 in pertinent part provides that "[u]nless otherwise agreed a secured party has on default the right to take possession of the collateral. In taking possession a secured party may proceed without judicial process if this can be done without...

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