Alex Trebek buys a very nice mahogany desk from Sean Connery for his personal
use at home. Connery finances the sale and takes a purchase money security interest
in the desk. In view of bad ratings, after only a few payments Trebek is
no
longer able to make the payments and defaults. Exercising his right to self-help,
Connery
goes to repossess the desk, and Trebek meets him at the door, saying "Don't come
in my house." Trebek then begins pleading for sympathy and begs Connery not to
take
the
desk.
Stating
that
his
desk is
the
only thing
good he has left, Trebek even resorts to getting on his knees and weeping. Despite
these actions, Connery and his team of goons push past Trebek and repossess
the
desk.
Which of the following statements is most accurate?
1) Judicial process is not necessary for the repossession and self-help was
proper because no physical violence resulted.
2) Connery should have ceased the self-help attempt and should have used
judicial process to repossess; therefore, Trebek may seek monetary damages
for any injury
suffered.
3) Connery should have ceased the self-help attempt and should have used
judicial process to repossess; therefore, Connery now must return the desk.
4) The repossession method is irrelevant in this case because the desk
is a consumer good financed with a purchase money security interest.