Commercial Code - COM - COM § 9614

Summary

(a) In a consumer-goods transaction, the following rules apply: (1) A notification of disposition must provide all of the following information: (A) The information specified in paragraph (1) of subdivision (a) of Section 9613. (B) A description of any liability for a deficiency

Text

(a)
In a consumer-goods transaction, the following rules apply:
(1)
A notification of disposition must provide all of the following information:
(A)
The information specified in paragraph (1) of subdivision (a) of Section 9613.
(B)
A description of any liability for a deficiency of the person to which the notification is sent.
(C)
A telephone number from which the amount that must be paid to the secured party to redeem the collateral under Section 9623 is
available.
(D)
A telephone number or mailing address from which additional information concerning the disposition and the obligation secured is available.
(2)
A particular phrasing of the notification is not required.
(3)
The following form of notification, when
completed in accordance with the instructions in subdivision (b), provides sufficient information:
[Name and address of secured party]
[Date]
NOTICE OF OUR PLAN TO SELL PROPERTY
[Name and
address of any obligor who is also a debtor]
Subject:
[Identification of Transaction]
We have your
[describe collateral]
, because you broke promises
in our agreement.
{1}
We will sell
[describe collateral]
at public sale. A sale
could include a lease or license. The sale will be held as follows:
Date:
Time:
Place:
You may attend the sale and bring bidders if you want.
{2}
We will sell
[describe collateral]
at private sale
sometime after
[date]
.
A sale could include a lease or license.
{3}
The money that we get from the sale, after paying our
costs,
will reduce the amount you owe. If we get less money than you
owe, you
[will or will not, as applicable]
still owe us the
difference. If we get more money than you owe, you will get
the extra money, unless we must pay it to someone else.
{4}
You can get the property back at any time before we sell it by
paying us the full amount you
owe, not just the past due
payments, including our expenses. To learn the exact amount
you must pay, call us at
[telephone number]
.
{5}
If you want us to explain to you in
[writing] [writing or in [description of electronic record]] [description of electronic record]
how we have figured
the amount that you owe us, {6}
call us
at
[telephone number]
[or write us at
[secured party’s address]
][or contact us by
[description of electronic communication method]
{7}
and request
[a written explanation] [a written explanation or an explanation in [description of electronic record]] [an explanation in [description of electronic record]]
{8}
We will charge you $_____
for the explanation if we sent you another written explanation of the amount you owe us within the last six months.]
{9}
If you need more information about the sale [call us
at
[telephone number]
] [or] [write us at
[secured party’s address]
] [or contact us by
[description of electronic communication method]
].
{10}
We are sending this notice to the following other people who have an interest in
[describe collateral]
or who owe money
under
your agreement:
[Names of all other debtors and obligors, if any]
(b)
The following instructions apply to the form of notification in paragraph (3) of subdivision (a):
(1)
The instructions in this subdivision refer to the numbers in braces before items in the form of notification in paragraph (3) of subdivision (a). Do not include the numbers or braces in the notification. The numbers and braces are used only for the purpose of these instructions.
(2)
Include and complete either item {1}, if
the notification relates to a public disposition of the collateral, or item {2}, if the notification relates to a private disposition of the collateral.
(3)
Include and complete items {3} to {7}, inclusive.
(4)
In item {5}, include and complete any one of the three alternative methods for the explanation—writing, writing or electronic record, or electronic record.
(5)
In item {6}, include the telephone number. In addition, the sender may include and complete either or both of the two additional alternative methods of communication—writing or electronic communication—for the recipient of the notification to communicate with the sender. Neither of the two additional methods of communication is required to be
included.
(6)
In item {7}, include and complete the method or methods for the explanation—writing, writing or electronic record, or electronic record—included in item {5}.
(7)
Include and complete item {8} only if a written explanation is included in item {5} as a method for communicating the explanation and the sender will charge the recipient for another written explanation.
(8)
In item {9}, include either the telephone number or the address or both the telephone number and the address. In addition, the sender may include and complete the additional method of communication—electronic communication—for the recipient of the notification to communicate with the sender. The additional method of electronic communication is
not required to be included.
(9)
If item {10} does not apply, insert “None” after “agreement:”.
(c)
(1)
If the collateral is a motor vehicle, a public disposition includes, but is not limited to, the following defined categories:
(A)
Retail disposition by a retail seller of motor vehicles who offers the collateral for sale or lease to the general public in the same manner as goods that the seller disposes of on the seller’s own behalf.
(B)
Retail disposition made subsequent to advertising in a publication with a recognized ability to attract retail motor vehicle buyers and lessees and in a manner designed to reach the retail buying and
leasing public for vehicles of that type and condition.
(2)
For dispositions under subparagraphs (A) and (B) of paragraph (1), the secured creditor shall ensure that the consumer has reasonable access to the motor vehicle in question in order to be able to exercise the right to inspect the motor vehicle.
(3)
For dispositions under paragraph (1), the following rules apply:
(A)
A notification in the form of paragraph (4) is sufficient, even if additional information appears at the end of the form.
(B)
A notification in the form of paragraph (4) is sufficient, even if it includes errors in information not required by paragraph (1) of subdivision (a), unless the
error is misleading with respect to rights arising under this division.
(C)
If a notification under this subdivision is not in the form of paragraph (4), law other than this division determines the effect of including information not required by paragraph (1) of subdivision (a).
(4)
For dispositions under paragraph (1), the following form of notification, when completed, provides sufficient information:
[Name and address of secured party]
[Date]
NOTICE OF OUR PLAN TO SELL PROPERTY
[Name and address of any obligor who is also a debtor]
Subject:
[Identification of Transaction]
We have your
[describe collateral]
, because you broke promises
in our agreement.
We will sell
(describe type of motor vehicle)
beginning on
(date)
by offering it for retail sale or lease to the general public through
(select the applicable provision:)
(A) Name of dealer
Address of dealer
You may inspect the motor vehicle and encourage people to purchase or lease it.
(or)
(B) Advertising it for sale to the general public to be purchased
from
(name of secured creditor)
at
(address where vehicle is to be sold)
You may inspect the motor vehicle and encourage people to purchase or lease it.
(d)
Nothing in this section shall be construed to alter or disturb any right to inspect a consumer good prior to sale under existing law.

Retrieval chunks

• #1 | Commercial Code - COM - COM § 9614

  (a) In a consumer-goods transaction, the following rules apply: (1) A notification of disposition must provide all of the following information: (A) The information specified in paragraph (1) of subdivision (a) of Section 9613. (B) A description of any liability for a deficiency of the person to which the notif…

• #2

  [a written explanation] [a written explanation or an explanation in [description of electronic record]] [an explanation in [description of electronic record]] {8} We will charge you $_____ for the explanation if we sent you another written explanation of the amount you owe us within the last six months.] {9} If y…

• #3

  In item {9}, include either the telephone number or the address or both the telephone number and the address. In addition, the sender may include and complete the additional method of communication—electronic communication—for the recipient of the notification to communicate with the sender. The additional method of e…

• #4

  (select the applicable provision:) (A) Name of dealer Address of dealer You may inspect the motor vehicle and encourage people to purchase or lease it. (or) (B) Advertising it for sale to the general public to be purchased from (name of secured creditor) at (address where vehicle is to be sold) You may inspe…