Section 62A.9A-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 subsection (1) of this section are nevertheless sufficient is a question of fact.

(3) The contents of a notification providing substantially the information specified in subsection (1) of this section are sufficient, even if the notification includes:

(A) Information not specified by subsection (1) of this section; 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 RCW 62A.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]   .

[ 2001 c 32 § 42; 2000 c 250 § 9A-613.]

NOTES:

Effective date—2001 c 32: See note following RCW 62A.9A-102.

2001 c 32 § 42; 2000 c 250 § 9A-613.