§490:9-613 - Contents and form of notification before disposition of collateral: general.
§490:9-613 Contents and form of
notification before disposition of collateral: general. Except in a
consumer-goods transaction, the following rules apply:
(1) The contents of a notification of disposition are
sufficient if the notification:
(A) Describes the debtor and the secured
party;
(B) Describes the collateral that is the
subject of the intended disposition;
(C) States the method of intended disposition;
(D) States that the debtor is entitled to an
accounting of the unpaid indebtedness and states the charge, if any, for an
accounting; and
(E) States the time and place of a public
disposition or the time after which any other disposition is to be made.
(2) Whether the contents of a notification that lacks
any of the information specified in paragraph (1) are nevertheless sufficient
is a question of fact.
(3) The contents of a notification providing
substantially the information specified in paragraph (1) are sufficient, even
if the notification includes:
(A) Information not specified by that
paragraph; or
(B) Minor errors that are not seriously
misleading.
(4) A particular phrasing of the notification is not
required.
(5) The following form of notification and the form
appearing in section 490:9-614(3), 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] .
[L 2000, c 241, pt of §1; am L 2001, c 228, §9]