In a consumer-goods transaction, the following rules apply:
(1) A notification of disposition must provide the following information:
(A) the information specified in Section 7-9A-613(1);
(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 7-9A-623 is available; and
(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 private disposition:
We will sell _________ (describe collateral) at private sale some time 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)
[End of Form]
(4) A notification in the form of paragraph (3) is sufficient, even if additional information appears at the end of the form.
(5) A notification in the form of paragraph (3) is sufficient, even if it includes errors in information not required by paragraph (1), unless the error is misleading with respect to rights arising under this article.
(6) If a notification under this section is not in the form of paragraph (3), law other than this article determines the effect of including information not required by paragraph (1).
Structure Code of Alabama
Article 9A - Secured Transactions.
Division 1 - Default and Enforcement of Security Interest.
Section 7-9A-602 - Waiver and Variance of Rights and Duties.
Section 7-9A-603 - Agreement on Standards Concerning Rights and Duties.
Section 7-9A-604 - Procedure if Security Agreement Covers Real Property or Fixtures.
Section 7-9A-605 - Unknown Debtor or Secondary Obligor.
Section 7-9A-606 - Time of Default for Agricultural Lien.
Section 7-9A-607 - Collection and Enforcement by Secured Party.
Section 7-9A-609 - Secured Party's Right to Take Possession After Default.
Section 7-9A-610 - Disposition of Collateral After Default.
Section 7-9A-611 - Notification Before Disposition of Collateral.
Section 7-9A-612 - Timeliness of Notification Before Disposition of Collateral.
Section 7-9A-613 - Contents and Form of Notification Before Disposition of Collateral: General.
Section 7-9A-616 - Explanation of Calculation of Surplus or Deficiency.
Section 7-9A-617 - Rights of Transferee of Collateral.
Section 7-9A-618 - Rights and Duties of Certain Secondary Obligors.
Section 7-9A-619 - Transfer of Record or Legal Title.
Section 7-9A-621 - Notification of Proposal to Accept Collateral.
Section 7-9A-622 - Effect of Acceptance of Collateral.