§ 9—614. Contents and form of notification before disposition of collateral; consumer goods
transaction
(a) In a consumer goods transaction, the following rules apply:
(1) A notification of disposition must provide the following information:
(A) the information specified in subdivision 9—613(a)(1) of this title;
(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 9—623 of this title 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 in accordance with the instructions
in subsection (b) of this section, 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: (Identify transaction)
We have your (describe collateral), because you broke promises in our agreement.
{1} 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.
{2} We will sell (describe collateral) at private sale sometime after (date). A sale
could include a lease or license.
{3} 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.
{4} 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).
{5} If you want us to explain to you in (writing) (writing or in (description of electronic
record)) (description of electronic record) how we have figured the amount that you
owe us, {6} call us at (telephone number) (or) (write us at (secured party’s address))
(or contact us by (description of electronic communication method)) {7} and request
(a written explanation) (a written explanation or an explanation in (description of
electronic record)) (an explanation in (description of electronic record)).
{8} We will charge you $ (amount) for the explanation if we sent you another written
explanation of the amount you owe us within the last six months.
{9} If you need more information about the sale (call us at (telephone number)) (or)
(write us at (secured party’s address)) (or contact us by (description of electronic
communication method)).
{10} 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 subdivision (3) is sufficient, even if additional information
appears at the end of the form.
(5) A notification in the form of subdivision (3) is sufficient, even if it includes errors
in information not required by subdivision (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 subdivision (3), law other
than this article determines the effect of including information not required by subdivision
(1).
(b) The following instructions apply to the form of notification in subdivision (a)(3)
of this section:
(1) The instructions in this subsection refer to the numbers in braces before items in
the form of notification in subdivision (a)(3) of this section. Do not include the
numbers or braces in the notification. The numbers and braces are used only for the
purpose of these instructions.
(2) Include and complete either item {1}, if the notification relates to a public disposition
of the collateral, or item {2}, if the notification relates to a private disposition
of the collateral.
(3) Include and complete items {3}, {4}, {5}, {6}, and {7}.
(4) In item {5}, include and complete any one of the three alternative methods for the
explanation—writing, writing or electronic record, or electronic record.
(5) In item {6}, include the telephone number. In addition, the sender may include and
complete either or both of the two additional alternative methods of communication—writing
or electronic communication—for the recipient of the notification to communicate with
the sender. Neither of the two additional methods of communication is required to
be included.
(6) In item {7}, include and complete the method or methods for the explanation—writing,
writing or electronic record, or electronic record—included in item {5}.
(7) Include and complete item {8} only if a written explanation is included in item {5}
as a method for communicating the explanation and the sender will charge the recipient
for another written explanation.
(8) In item {9}, include either the telephone number or the address or both the telephone
number and the address. In addition, the sender may include and complete the additional
method of communication—electronic communication—for the recipient of the notification
to communicate with the sender. The additional method of electronic communication
is not required to be included.
(9) If item {10} does not apply, insert “None” after “agreement:”. (Added 1999, No. 106 (Adj. Sess.), § 2, eff. July 1, 2001; amended 2025, No. 17, § 9, eff. July 1, 2025.)