Williamson v. Fowler Toyota, Inc.

ALMA WILSON, Justice:

¶ 1 The issue is whether a creditor is liable for the trespass and the resulting damages caused by an independent contractor employed by the creditor to repossess secured collateral pursuant to 12A O.S.1991, § 9-503. We hold that the statute creates a nondelegable duty on the creditor to refrain from breaching the peace when repossessing secured collateral, and therefore the creditor is liable for any breach of the peace by the independent contractor. We also hold that the independent contractor’s wanton and reckless disregard of the property rights of another may be…