self-help doctrine – an attempt to redress a perceived wrong by one’s own action rather than through the normal legal process

     This page is continued from Civil Law Self-Help >>>> Section 3: Which form(s) of relief are you seeking from the court to help remedy the situation? >>>> Remedies >>>> Extrajudicial Remedy:

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self-help:
n. (1831)

1. An attempt to redress a perceived wrong by one’s own action rather than through the normal legal process.  *  The UCC and other statutes provide for particular self-help remedies (such as repossession) if the remedy can be executed without breaching the peace. UCC § 9-609. — aka self-redress; extrajudicial enforcement.  Cf claim-of-right defense under DEFENSE (1). [1]

1. A controverted doctrine in reference to escaping from the custody of an officer which is unlawful. 27 Am J2d Escape §§ 7, 12.
     See self-preservation. [2]

1. Taking matters into one’s own hands, i.e., obtaining a remedy without recourse to legal process.  (EXAMPLE under the Uniform Commercial Code, a secured party has the right to take possession of the collateral in the event of default.)  However, self-help is a doctrine of extremely limited application.
     See necessity. [3]

     Excerpt from 68A Am. Jur. 2d Secured Transactions § 608, at 466 ( 1993):

     “Notice to the debtor is generally not required prior to self-help repossession of collateral by the creditor upon default, although the provision for self-help repossession has be held to violate due process requirements in some instances, and states under the Uniform Consumer Credit Code require particular notice requirements.  Furthermore, while the UCC generally does not require notice to the debtor upon self-help repossession fo the collateral upon the debtor’s default, the agreement between the parties may require such notice prior to repossession. [4]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[4]: 68A Am. Jur. 2d Secured Transactions § 608, at 466 ( 1993).

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