Legislation
SECTION 9-613
Contents and Form of Notification Before Disposition of Collateral: General
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 9, PART 6, SUBPART 1
Section 9--613. Contents and Form of Notification Before Disposition of
Collateral: General.
Except in a consumer-goods transaction, the following rules apply:
(a) The contents of a notification of disposition are sufficient if
the notification:
(1) describes the debtor and the secured party;
(2) describes the collateral that is the subject of the intended
disposition;
(3) states the method of intended disposition;
(4) states that the debtor is entitled to an accounting of the
unpaid indebtedness and states the charge, if any, for an
accounting; and
(5) states the time and place of a public disposition or the time
after which any other disposition is to be made.
(b) Whether the contents of a notification that lacks any of the
information specified in subsection (a) are nevertheless sufficient is a
question of fact.
(c) The contents of a notification providing substantially the
information specified in subsection (a) are sufficient, even if the
notification includes:
(1) information not specified by subsection (a); or
(2) minor errors that are not seriously misleading.
(d) A particular phrasing of the notification is not required.
(e) The following form of notification and the form appearing in
Section 9--614(c), when completed, each provides sufficient information:
NOTIFICATION OF DISPOSITION OF COLLATERAL
To: (Name of debtor, obligor, or other person to which the
notification is sent)
From: (Name, address, and telephone number of secured party)
Name of Debtor(s): (Include only if debtor(s) are not an addressee)
(For a public disposition:)
We will sell (or lease or license, as applicable) the (describe
collateral) (to the highest qualified bidder) in public as follows:
Day and Date: ____________________
Time: ____________________
Place: ____________________
(For a private disposition:)
We will sell (or lease or license, as applicable) the (describe
collateral) privately sometime after (day and date).
You are entitled to an accounting of the unpaid indebtedness secured
by the property that we intend to sell (or lease or license, as
applicable) (for a charge of $ ). You may request an accounting by
calling us at (telephone number).
Collateral: General.
Except in a consumer-goods transaction, the following rules apply:
(a) The contents of a notification of disposition are sufficient if
the notification:
(1) describes the debtor and the secured party;
(2) describes the collateral that is the subject of the intended
disposition;
(3) states the method of intended disposition;
(4) states that the debtor is entitled to an accounting of the
unpaid indebtedness and states the charge, if any, for an
accounting; and
(5) states the time and place of a public disposition or the time
after which any other disposition is to be made.
(b) Whether the contents of a notification that lacks any of the
information specified in subsection (a) are nevertheless sufficient is a
question of fact.
(c) The contents of a notification providing substantially the
information specified in subsection (a) are sufficient, even if the
notification includes:
(1) information not specified by subsection (a); or
(2) minor errors that are not seriously misleading.
(d) A particular phrasing of the notification is not required.
(e) The following form of notification and the form appearing in
Section 9--614(c), when completed, each provides sufficient information:
NOTIFICATION OF DISPOSITION OF COLLATERAL
To: (Name of debtor, obligor, or other person to which the
notification is sent)
From: (Name, address, and telephone number of secured party)
Name of Debtor(s): (Include only if debtor(s) are not an addressee)
(For a public disposition:)
We will sell (or lease or license, as applicable) the (describe
collateral) (to the highest qualified bidder) in public as follows:
Day and Date: ____________________
Time: ____________________
Place: ____________________
(For a private disposition:)
We will sell (or lease or license, as applicable) the (describe
collateral) privately sometime after (day and date).
You are entitled to an accounting of the unpaid indebtedness secured
by the property that we intend to sell (or lease or license, as
applicable) (for a charge of $ ). You may request an accounting by
calling us at (telephone number).