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 36-9-613(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 36-9-623 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 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 item (3) is sufficient, even if additional information appears at the end of the form.
(5) A notification in the form of item (3) is sufficient, even if it includes errors in information not required by item (1), unless the error is misleading with respect to rights arising under this chapter.
(6) If a notification under this section is not in the form of item (3), law other than this chapter determines the effect of including information not required by item (1).
HISTORY: 2001 Act No. 67, Section 12.
Structure South Carolina Code of Laws
Chapter 9 - Commercial Code - Secured Transactions
Section 36-9-101. Short title.
Section 36-9-102. Definitions and index of definitions.
Section 36-9-103. Purchase-money security interest; application of payments; burden of establishing.
Section 36-9-104. Control of deposit account.
Section 36-9-105. Control of electronic chattel paper
Section 36-9-106. Control of investment property.
Section 36-9-107. Control of letter-of-credit right.
Section 36-9-108. Sufficiency of description.
Section 36-9-110. Security interests arising under Chapter 2.
Section 36-9-111. UCC lien satisfaction.
Section 36-9-201. General effectiveness of security agreement.
Section 36-9-202. Title to collateral immaterial.
Section 36-9-204. After-acquired property; future advances.
Section 36-9-205. Use or disposition of collateral permissible.
Section 36-9-206. Security interest arising in purchase or delivery of financial asset.
Section 36-9-207. Rights and duties of secured party having possession or control of collateral.
Section 36-9-208. Additional duties of secured party having control of collateral.
Section 36-9-209. Duties of secured party if account debtor has been notified of assignment.
Section 36-9-301. Law governing perfection and priority of security interests.
Section 36-9-302. Law governing perfection and priority of agricultural liens.
Section 36-9-304. Law governing perfection and priority of security interests in deposit accounts.
Section 36-9-307. Location of debtor
Section 36-9-309. Security interest perfected upon attachment.
Section 36-9-314. Perfection by control.
Section 36-9-315. Secured party ' s rights on disposition of collateral and in proceeds.
Section 36-9-316. Continued perfection of security interest following change in governing law.
Section 36-9-319. Rights and title of consignee with respect to creditors and purchasers.
Section 36-9-320. Buyer of goods.
Section 36-9-321. Licensee of general intangible and lessee of goods in ordinary course of business.
Section 36-9-323. Future advances.
Section 36-9-324. Priority of purchase-money security interests.
Section 36-9-325. Priority of security interests in transferred collateral.
Section 36-9-326. Priority of security interests created by new debtor.
Section 36-9-327. Priority of security interests in deposit account.
Section 36-9-328. Priority of security interests in investment property.
Section 36-9-329. Priority of security interests in letter-of-credit right.
Section 36-9-330. Priority of purchaser of chattel paper or instrument.
Section 36-9-332. Transfer of money; transfer of funds from deposit account.
Section 36-9-333. Priority of certain liens arising by operation of law.
Section 36-9-334. Priority of security interests in fixtures and crops.
Section 36-9-336. Commingled goods.
Section 36-9-337. Priority of security interests in goods covered by certificate of title.
Section 36-9-339. Priority subject to subordination.
Section 36-9-340. Effectiveness of right of recoupment or set-off against deposit account.
Section 36-9-341. Bank's rights and duties with respect to deposit account.
Section 36-9-342. Bank's right to refuse to enter into or disclose existence of control agreement.
Section 36-9-401. Alienability of debtor's rights.
Section 36-9-402. Secured party not obligated on contract of debtor or in tort.
Section 36-9-403. Agreement not to assert defenses against assignee.
Section 36-9-404. Rights acquired by assignee; claims and defenses against assignee.
Section 36-9-405. Modification of assigned contract.
Section 36-9-409. Restrictions on assignment of letter-of-credit rights ineffective.
Section 36-9-501. Filing office.
Section 36-9-503. Name of debtor and secured party.
Section 36-9-504. Indication of collateral.
Section 36-9-506. Effect of errors or omissions.
Section 36-9-507. Effect of certain events on effectiveness of financing statement.
Section 36-9-509. Persons entitled to file a record.
Section 36-9-510. Effectiveness of filed record.
Section 36-9-511. Secured party of record.
Section 36-9-512. Amendment of financing statement.
Section 36-9-513. Termination statement.
Section 36-9-514. Assignment of powers of secured party of record.
Section 36-9-516. What constitutes filing; effectiveness of filing.
Section 36-9-517. Effect of indexing errors.
Section 36-9-518. Claim concerning inaccurate or wrongfully filed record.
Section 36-9-520. Acceptance and refusal to accept record.
Section 36-9-521. Uniform form of written financing statement and amendment.
Section 36-9-522. Maintenance and destruction of records.
Section 36-9-523. Information from filing office; sale or license of records.
Section 36-9-524. Delay by filing office.
Section 36-9-526. Filing-office rules.
Section 36-9-602. Waiver and variance of rights and duties.
Section 36-9-603. Agreement on standards concerning rights and duties.
Section 36-9-604. Procedure if security agreement covers real property or fixtures.
Section 36-9-605. Unknown debtor or secondary obligor.
Section 36-9-606. Time of default for agricultural lien.
Section 36-9-607. Collection and enforcement by secured party.
Section 36-9-609. Secured party's right to take possession after default.
Section 36-9-610. Disposition of collateral after default.
Section 36-9-611. Notification before disposition of collateral.
Section 36-9-612. Timeliness of notification before disposition of collateral.
Section 36-9-613. Contents and form of notification before disposition of collateral: general.
Section 36-9-616. Explanation of calculation of surplus or deficiency.
Section 36-9-617. Rights of transferee of collateral.
Section 36-9-618. Rights and duties of certain secondary obligors.
Section 36-9-619. Transfer of record or legal title.
Section 36-9-621. Notification of proposal to accept collateral.
Section 36-9-622. Effect of acceptance of collateral.
Section 36-9-623. Right to redeem collateral.
Section 36-9-625. Remedies for secured party's failure to comply with chapter.
Section 36-9-626. Action in which deficiency or surplus is in issue.
Section 36-9-627. Determination of whether conduct was commercially reasonable.
Section 36-9-629. Disposition of collateral by public sale.
Section 36-9-630. Contents of notice of sale.
Section 36-9-631. Posting and mailing notice of sale.
Section 36-9-632. Exception as to perishable property.
Section 36-9-633. Postponement of public sale.
Section 36-9-634. Procedure upon dissolution of order restraining or enjoining sale.
Section 36-9-635. Disposition of proceeds of sale.
Section 36-9-702. Savings clause.
Section 36-9-703. Security interest perfected before effective date.
Section 36-9-704. Security interest unperfected before effective date.
Section 36-9-705. Effectiveness of action taken before effective date.
Section 36-9-707. Pre-effective-date financing statement.
Section 36-9-708. Persons entitled to file initial financing statement or continuation statement.
Section 36-9-802. Application and effect.
Section 36-9-803. Effect on previously perfected security interests.
Section 36-9-804. Timing of perfection of preexisting security interests.
Section 36-9-805. Effect of previous filing of financing statement.
Section 36-9-806. Filing of initial financing statement; requirements.
Section 36-9-808. Filing of initial financing statement or continuation statement.