In a consumer-goods transaction, the following rules apply:
(1) A notification of disposition must provide all of the following information:
(A) The information specified in subdivision (1) of Section 9613.
(B) A description of any liability for a deficiency of the person to which the notification is sent.
(C) A telephone number from which the amount that must be paid to the secured party to redeem the collateral under Section 9623 is available.
(D) A telephone number or mailing address from which additional information concerning 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 sufficient information:
_____ 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 in our agreement. | |
[For a public disposition:] | |
We will sell _____ [describe collateral] _____ , at public sale. A sale could include 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 public disposition pursuant to Section 9614(7)(A) or (7)(B)): | |
We will sell _____ (describe type of motor vehicle _____ | |
beginning on _____ (date) _____ | |
by offering it for retail sale or lease to the general public through | |
(select the applicable provision:) | |
(A) Name of dealer | |
Address of dealer | |
You may inspect the motor vehicle and encourage people to purchase or lease it. | |
(or) | |
(B) Advertising it for sale to the general public to be purchased from _____ (name of secured creditor) _____ | |
at _____ (address where vehicle is to be sold) _____ | |
You may inspect the motor vehicle and encourage people to purchase or lease it. | |
[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 the amount you owe. If we get less money than you owe, you [will or will not, as applicable] still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. | |
You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. To learn the exact amount you must pay, call us at [telephone number]. | |
If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at [telephone number] [or write us at [secured party’s address]] and request a written explanation. [We will charge you $_____ for the explanation if we sent you another written explanation of the amount you owe us within the last six months.] | |
If you need more information about the sale call us at [telephone number] [or write us at [secured party’s address]]. | |
We are sending this notice to the following other people who have an interest in [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 subdivision (3) is sufficient, even if additional information appears at the end of the form.
(5) A notification in the form of subdivision (3) is sufficient, even if it includes errors in information not required by subdivision (1), unless the error is misleading with respect to rights arising under this division.
(6) If a notification under this section is not in the form of subdivision (3), law other than this division determines the effect of including information not required by subdivision (1).
(7) If the collateral is a motor vehicle, a public disposition includes, but is not limited to, the following defined categories:
(A) Retail disposition by a retail seller of motor vehicles who offers the collateral for sale or lease to the general public in the same manner as goods that the seller disposes of on the seller’s own behalf.
(B) Retail disposition made subsequent to advertising in a publication with a recognized ability to attract retail motor vehicle buyers and lessees and in a manner designed to reach the retail buying and leasing public for vehicles of that type and condition.
(8) For dispositions under subparagraphs (A) and (B) of paragraph (7), the secured creditor shall ensure that the consumer has reasonable access to the motor vehicle in question in order to be able to exercise the right to inspect the motor vehicle.
(9) Nothing in this section shall be construed to alter or disturb any right to inspect a consumer good prior to sale under existing law.
(Amended (as to be added by Stats. 1999, Ch. 991) by Stats. 2000, Ch. 188, Sec. 1. Effective January 1, 2001. Addition and amendment operative July 1, 2001, pursuant to Stats. 1999, Ch. 991, Sec. 75, and Section 9701.)
Last modified: October 25, 2018