Colorado Code
Part 6 - Default
§ 4-9-616. Explanation of Calculation of Surplus or Deficiency - Definitions






(A) Authenticated by a debtor or consumer obligor;
(B) Requesting that the recipient provide an explanation; and
(C) Sent after disposition of the collateral under section 4-9-610.






(1) Send an explanation to the debtor or consumer obligor, as applicable, after the disposition and:
(A) Before or when the secured party accounts to the debtor and pays any surplus or first makes written demand on the consumer obligor after the disposition for payment of the deficiency; and
(B) Within fourteen days after receipt of a request; or
(2) In the case of a consumer obligor who is liable for a deficiency, within fourteen days after receipt of a request, send to the consumer obligor a record waiving the secured party's right to a deficiency.

(1) The aggregate amount of obligations secured by the security interest under which the disposition was made, and, if the amount reflects a rebate of unearned interest or credit service charge, an indication of that fact, calculated as of a specified date:
(A) If the secured party takes or receives possession of the collateral after default, not more than thirty-five days before the secured party takes or receives possession; or
(B) If the secured party takes or receives possession of the collateral before default or does not take possession of the collateral, not more than thirty-five days before the disposition;
(2) The amount of proceeds of the disposition;



Source: L. 2001: Entire article R&RE, p. 1410, § 1, effective July 1.
Editor's note - Colorado legislative change: Colorado substituted the word "and" for "or" in subsection (a)(1)(D), twice added the word "reasonable" to subsection (c)(4), substituted the phrase "do not cause damages to a person who relies on the information" for the phrase "are not seriously misleading" in subsection (d), and substituted the phrase "three responses" for "one response" and reduced the charge from $25 to $15 in subsection (e).




A debtor or secondary obligor need not wait until the secured party commences written collection efforts in order to receive an explanation of how a deficiency or surplus was calculated. Subsection (b)(1)(B) obliges the secured party to send an explanation within 14 days after it receives a "request" (defined in subsection (a)(2)).

Structure Colorado Code

Colorado Code

Title 4 - Uniform Commercial Code

Article 9 - Secured Transactions

Part 6 - Default

§ 4-9-601. Rights After Default - Judicial Enforcement - Consignor or Buyer of Accounts, Chattel Paper, Payment Intangibles, or Promissory Notes

§ 4-9-602. Waiver and Variance of Rights and Duties

§ 4-9-603. Agreement on Standards Concerning Rights and Duties

§ 4-9-604. Procedure if Security Agreement Covers Real Property or Fixtures

§ 4-9-605. Unknown Debtor or Secondary Obligor

§ 4-9-606. Time of Default for Agricultural Lien

§ 4-9-607. Collection and Enforcement by Secured Party

§ 4-9-608. Application of Proceeds of Collection or Enforcement - Liability for Deficiency and Right to Surplus

§ 4-9-609. Secured Party's Right to Take Possession After Default

§ 4-9-610. Disposition of Collateral After Default

§ 4-9-611. Notification Before Disposition of Collateral

§ 4-9-612. Timeliness of Notification Before Disposition of Collateral

§ 4-9-613. Contents and Form of Notification Before Disposition of Collateral: General

§ 4-9-614. Contents and Form of Notification Before Disposition of Collateral: Consumer-Goods Transaction

§ 4-9-615. Application of Proceeds of Disposition; Liability for Deficiency and Right to Surplus

§ 4-9-616. Explanation of Calculation of Surplus or Deficiency - Definitions

§ 4-9-617. Rights of Transferee of Collateral

§ 4-9-618. Rights and Duties of Certain Secondary Obligors

§ 4-9-619. Transfer of Record or Legal Title

§ 4-9-620. Acceptance of Collateral in Full or Partial Satisfaction of Obligation - Compulsory Disposition of Collateral

§ 4-9-621. Notification of Proposal to Accept Collateral

§ 4-9-622. Effect of Acceptance of Collateral

§ 4-9-623. Right to Redeem Collateral

§ 4-9-624. Waiver

§ 4-9-625. Remedies for Secured Party's Failure to Comply With Article

§ 4-9-626. Action in Which Deficiency or Surplus Is in Issue

§ 4-9-627. Determination of Whether Conduct Was Commercially Reasonable

§ 4-9-628. Nonliability and Limitation on Liability of Secured Party - Liability of Secondary Obligor

§ 4-9-629. Secured Party's Liability When Taking Possession After Default - Legislative Declaration - Fund