Va. Code § 8.9A-613

Current with changes from the 2024 legislative session through ch. 845

Section 8.9A-613 - [Effective Until 7/1/2025] 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 § 8.9A-614 A(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).

Va. Code § 8.9A-613

2000, c. 1007.

Amended by Acts 2000, § c.1007.

This section is set out more than once due to postponed, multiple, or conflicting amendments.