Title 44, Chapter 14, Section 230
( 44-14-230)
(a) Any person holding a security interest on personal property under a transaction governed by this part or by Title 11, the "Uniform Commercial Code," and wishing to foreclose the security interest shall be authorized to foreclose the security interest and shall be entitled to an execution directed to all and singular the sheriffs, the marshals, the constables, or their lawful deputies, of this state, which execution shall command the sale of the secured property to satisfy the amount due from the debtor, together with the costs of the proceedings to foreclose the security interest in accordance with the procedure specified in this part, together with an order directing the defendant or the party in possession to turn over to the sheriff, the marshal, the constable, or their lawful deputies the property sought to be foreclosed upon as provided for in subsection (d) of Code Section 44-14-233. (b)(1) As used in this subsection, the term "rental transaction"
means the lease or rental of goods or personal property. (2) Any owner of personal property leased or rented in a rental
transaction who wishes to regain possession of such property as
authorized by the terms of the transaction may obtain a writ of
possession under this subpart in the same manner as is authorized
for a holder of a security interest in personal property. (3) Solely for the purpose of applying the procedures specified by
this part to rental transactions and not for any other purposes,
the owner of the property shall be considered to be a secured
party and the rented or leased property shall be considered to be
secured property. Proceedings to regain property under a rental
transaction shall be as provided in this subpart, except that
after a writ of possession is granted the rented or leased
property shall be delivered to the owner and shall not be levied
upon. |