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Ark. Code Ann. § 4-9-613

Contents and form of notification before disposition of collateral: General

Known as the Uniform Commercial Code

The act spans §§ 4–4 (597 sections).

Applied in 1 court decision — leading case JENNIFER RIVERA-CEREN, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED v. PRESIDENTIAL LIMOUSINE AND AUTO SALES, INC. (2021)

Most recently applied in JENNIFER RIVERA-CEREN, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED v. PRESIDENTIAL LIMOUSINE AND AUTO SALES, INC. (December 2021)

Acts 2001, No. 1439, § 1.

Except in a consumer-goods transaction, the following rules apply:

(1) The contents of a notification of disposition are sufficient if the notification: describes the debtor and the secured party;

(2) describes the collateral that is the subject of the intended disposition;

(3) states the method of intended disposition;

(4) states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and

(5) states the time and place of a public disposition or the time after which any other disposition is to be made.

(6) Whether the contents of a notification that lacks any of the information specified in paragraph (1) are nevertheless sufficient is a question of fact.

(7) The contents of a notification providing substantially the information specified in paragraph (1) are sufficient, even if the notification includes: information not specified by that paragraph; or

(8) minor errors that are not seriously misleading.

(9) A particular phrasing of the notification is not required.

(10) The following form of notification and the form appearing in § 4-9-614(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 [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 ]

form.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.