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 (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).
2000, c. 1007.
Structure Code of Virginia
Title 8.9A - Commercial Code - Secured Transactions
Part 1 - Default and Enforcement of Security Interest
§ 8.9A-602. Waiver and variance of rights and duties
§ 8.9A-603. Agreement on standards concerning rights and duties
§ 8.9A-604. Procedure if security agreement covers real property or fixtures
§ 8.9A-605. Unknown debtor or secondary obligor
§ 8.9A-606. Time of default for agricultural lien
§ 8.9A-607. Collection and enforcement by secured party
§ 8.9A-609. Secured party's right to take possession after default
§ 8.9A-610. Disposition of collateral after default
§ 8.9A-611. Notification before disposition of collateral
§ 8.9A-612. Timeliness of notification before disposition of collateral
§ 8.9A-613. Contents and form of notification before disposition of collateral; general
§ 8.9A-615. Application of proceeds of disposition; liability for deficiency and right to surplus
§ 8.9A-616. Explanation of calculation of surplus or deficiency
§ 8.9A-617. Rights of transferee of collateral
§ 8.9A-618. Rights and duties of certain secondary obligors
§ 8.9A-619. Transfer of record or legal title
§ 8.9A-621. Notification of proposal to accept collateral
§ 8.9A-622. Effect of acceptance of collateral