Section 9-613: Contents and Form of Notification Before Disposition of Collateral: General
Section 9-613. 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 9-614(3), when completed, each provides sufficient information:
NOTIFICATION OF DISPOSITION OF COLLATERAL
To: (Name of debtor, obligor, or other person to whom the notification is sent)
From: (Name, address and telephone number of secured party)
Name of Debtor(s): (Include only if debtor(s) is 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:
(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) .
(End of Form)