State Codes and Statutes

Statutes > Virginia > Title-8-9a > Part-6 > 8-9a-614

§ 8.9A-614. Contents and form of notification before disposition ofcollateral; consumer-goods transaction.

In a consumer-goods transaction, the following rules apply:

(1) A notification of disposition must provide the following information:

(A) the information specified in § 8.9A-613 (1);

(B) a description of any liability for a deficiency of the person to whichthe notification is sent;

(C) a telephone number from which the amount that must be paid to the securedparty to redeem the collateral under § 8.9A-623 is available; and

(D) a telephone number or mailing address from which additional informationconcerning 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, provides sufficientinformation:

________________________________

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 inour agreement.

For a public disposition:

We will sell ________ (describe collateral) at public sale. A sale couldinclude 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.

For a private disposition:

We will sell ________ (describe collateral) at private sale sometime after________ (date). A sale could include a lease or license.

The money that we get from the sale (after paying our costs) will reduce theamount you owe. If we get less money than you owe, you ________ (will or willnot, as applicable) ________ still owe us the difference. If we get moremoney than you owe, you will get the extra money, unless we must pay it tosomeone else.

You can get the property back at any time before we sell it by paying us thefull amount you owe (not just the past due payments), including our expenses.To learn the exact amount you must pay, call us at ________ (telephonenumber).

If you want us to explain to you in writing how we have figured the amountthat you owe us, you may call us at ________ (telephone number) or write usat ________ (secured party's address) and request a written explanation. Wewill charge you $________ for the explanation if we sent you another writtenexplanation of the amount you owe us within the last six months.

If you need more information about the sale call us at ________ (telephonenumber) or write us at ________ (secured party's address).

We are sending this notice to the following other people who have an interestin ________ (describe collateral) or who owe money under your agreement:

________________________ (names of all other debtors and obligors, if any)

(4) A notification in the form of paragraph (3) is sufficient, even ifadditional information appears at the end of the form.

(5) A notification in the form of paragraph (3) is sufficient, even if itincludes errors in information not required by paragraph (1), unless theerror is misleading with respect to rights arising under this title.

(6) If a notification under this section is not in the form of paragraph (3),law other than this title determines the effect of including information notrequired by paragraph (1).

(2000, c. 1007.)

State Codes and Statutes

Statutes > Virginia > Title-8-9a > Part-6 > 8-9a-614

§ 8.9A-614. Contents and form of notification before disposition ofcollateral; consumer-goods transaction.

In a consumer-goods transaction, the following rules apply:

(1) A notification of disposition must provide the following information:

(A) the information specified in § 8.9A-613 (1);

(B) a description of any liability for a deficiency of the person to whichthe notification is sent;

(C) a telephone number from which the amount that must be paid to the securedparty to redeem the collateral under § 8.9A-623 is available; and

(D) a telephone number or mailing address from which additional informationconcerning 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, provides sufficientinformation:

________________________________

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 inour agreement.

For a public disposition:

We will sell ________ (describe collateral) at public sale. A sale couldinclude 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.

For a private disposition:

We will sell ________ (describe collateral) at private sale sometime after________ (date). A sale could include a lease or license.

The money that we get from the sale (after paying our costs) will reduce theamount you owe. If we get less money than you owe, you ________ (will or willnot, as applicable) ________ still owe us the difference. If we get moremoney than you owe, you will get the extra money, unless we must pay it tosomeone else.

You can get the property back at any time before we sell it by paying us thefull amount you owe (not just the past due payments), including our expenses.To learn the exact amount you must pay, call us at ________ (telephonenumber).

If you want us to explain to you in writing how we have figured the amountthat you owe us, you may call us at ________ (telephone number) or write usat ________ (secured party's address) and request a written explanation. Wewill charge you $________ for the explanation if we sent you another writtenexplanation of the amount you owe us within the last six months.

If you need more information about the sale call us at ________ (telephonenumber) or write us at ________ (secured party's address).

We are sending this notice to the following other people who have an interestin ________ (describe collateral) or who owe money under your agreement:

________________________ (names of all other debtors and obligors, if any)

(4) A notification in the form of paragraph (3) is sufficient, even ifadditional information appears at the end of the form.

(5) A notification in the form of paragraph (3) is sufficient, even if itincludes errors in information not required by paragraph (1), unless theerror is misleading with respect to rights arising under this title.

(6) If a notification under this section is not in the form of paragraph (3),law other than this title determines the effect of including information notrequired by paragraph (1).

(2000, c. 1007.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-8-9a > Part-6 > 8-9a-614

§ 8.9A-614. Contents and form of notification before disposition ofcollateral; consumer-goods transaction.

In a consumer-goods transaction, the following rules apply:

(1) A notification of disposition must provide the following information:

(A) the information specified in § 8.9A-613 (1);

(B) a description of any liability for a deficiency of the person to whichthe notification is sent;

(C) a telephone number from which the amount that must be paid to the securedparty to redeem the collateral under § 8.9A-623 is available; and

(D) a telephone number or mailing address from which additional informationconcerning 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, provides sufficientinformation:

________________________________

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 inour agreement.

For a public disposition:

We will sell ________ (describe collateral) at public sale. A sale couldinclude 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.

For a private disposition:

We will sell ________ (describe collateral) at private sale sometime after________ (date). A sale could include a lease or license.

The money that we get from the sale (after paying our costs) will reduce theamount you owe. If we get less money than you owe, you ________ (will or willnot, as applicable) ________ still owe us the difference. If we get moremoney than you owe, you will get the extra money, unless we must pay it tosomeone else.

You can get the property back at any time before we sell it by paying us thefull amount you owe (not just the past due payments), including our expenses.To learn the exact amount you must pay, call us at ________ (telephonenumber).

If you want us to explain to you in writing how we have figured the amountthat you owe us, you may call us at ________ (telephone number) or write usat ________ (secured party's address) and request a written explanation. Wewill charge you $________ for the explanation if we sent you another writtenexplanation of the amount you owe us within the last six months.

If you need more information about the sale call us at ________ (telephonenumber) or write us at ________ (secured party's address).

We are sending this notice to the following other people who have an interestin ________ (describe collateral) or who owe money under your agreement:

________________________ (names of all other debtors and obligors, if any)

(4) A notification in the form of paragraph (3) is sufficient, even ifadditional information appears at the end of the form.

(5) A notification in the form of paragraph (3) is sufficient, even if itincludes errors in information not required by paragraph (1), unless theerror is misleading with respect to rights arising under this title.

(6) If a notification under this section is not in the form of paragraph (3),law other than this title determines the effect of including information notrequired by paragraph (1).

(2000, c. 1007.)