West Virginia Code 46B-3-1 – Default; procedure
(a) Whether the dealer or the consumer is in default under a rental contract is determined by the rental agreement and this chapter.
Terms Used In West Virginia Code 46B-3-1
- Consumer: means a natural person who acquires, or seeks to acquire, the right to possession and use of consumer goods from a dealer. See West Virginia Code 46B-1-5
- Contract: A legal written agreement that becomes binding when signed.
- goods: means goods intended to be used primarily for personal, family or household purposes. See West Virginia Code 46B-1-5
- Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
- party: includes a natural person or an individual, an organization, partnership or corporation. See West Virginia Code 46B-1-5
- Rental agreement: means the bargain, with respect to the rental of consumer goods under a rent-to-own agreement, of the dealer and the consumer as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this chapter. See West Virginia Code 46B-1-5
- Rental contract: means the total legal obligation that results from the rental agreement as affected by this chapter and any other applicable rules of law. See West Virginia Code 46B-1-5
(b) If the dealer or the consumer is in default under the rental contract, the party seeking enforcement has rights and remedies as provided in this chapter and, except as limited by this chapter, as provided in the rental agreement.
(c) If the dealer or the consumer is in default under the rental contract, the party seeking enforcement may reduce the party's claim to judgment or otherwise enforce the rental contract by self-help or any available judicial procedure or nonjudicial procedure: Provided, That consumer goods may only be repossessed by a dealer without judicial process when such repossession can be effected without a breach of the peace.
(d) Except as otherwise provided in this chapter or the rental agreement, the rights and remedies referred to in subsections (b) and (c) are cumulative.