MBank El Paso, N.A. v. Sanchez

OPINION

MAUZY, Justice.

Section 9.503 of the Texas Business and Commerce Code allows a secured creditor to use nonjudicial repossession “if this can *152be done without breach of the peace.” The issue in this case is whether a secured creditor may avoid liability for breaches of the peace by using an independent contractor to carry out repossession. The court of appeals, applying section 9.503, held that a creditor cannot delegate the duty of peaceable repossession to an independent contractor. 792 S.W.2d 530. We agree, and therefore affirm.

MBank El Paso hired El Paso Recovery Service to repossess…