2013 Vermont Statutes
Title 09A Uniform Commercial Code
Article 9 Secured Transactions
§ 613 Contents and form of notification before disposition of collateral: general


9A V.S.A. § 613 What's This?

9-613. Contents and form of notification before disposition of collateral: general

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 section 9/-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 the [ describe collateral ] to the highest qualified bidder in public as follows: Day and Date: ______________________________ Time: ____________________________________ Place: ____________________________________ For a private disposition: We will sell 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. You may request an accounting by calling us at [ telephone number ].

(Added 1999, No. 106 (Adj. Sess.), 2, eff. July 1, 2001; amended 2001, No. 46, 8.)

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