62A.9A-613 - Contents and form of notification before disposition of collateral: General. - Washington Statutes - USA Laws Searching

62A.9A-613 - Contents and form of notification before disposition of collateral: General.

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 subsection (1) of this section are nevertheless sufficient is a question of fact.

     (3) The contents of a notification providing substantially the information specified in subsection (1) of this section are sufficient, even if the notification includes:

     (A) Information not specified by subsection (1) of this section; 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 RCW 62A.9A-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] .

[2001 c 32 § 42; 2000 c 250 § 9A-613.]

Notes: Effective date -- 2001 c 32: See note following RCW 62A.9A-102.