- (1) If a secured creditor has a security interest in the personal property of a consumer and the merchandise has become attached to that consumer's personal property, and a lessor repossesses the merchandise attached to the consumer's personal property before the consumer becomes the owner of such merchandise, then at the time of repossession the lessor shall install substitute new or used factory quality equipment that is reasonably calculated to keep the personal property of the consumer usable and operable.
- (2) A lessor is liable to a secured creditor for the cost and installation of the substitute equipment if a lessor does not comply with subdivision (b)(1) of this section at the time of repossession.
- (c) If a secured creditor repossesses the collateral of the secured creditor before the consumer becomes the owner of the merchandise that is attached to the collateral and before the collateral is resold, then the secured creditor shall:
- (1) Work with the lessor to comply with subdivision (b)(1) of this section; or
- (2) Pay the lessor whichever is the lesser amount:
- (A) The original cost of the merchandise; or
- (B) The total of remaining rental payments on the consumer's rental purchase agreement with the lessor.
Added by Act 2019, No. 865,§ 1, eff. 7/24/2019.
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