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NRS 104.9613

Contents and form of notification before disposition of collateral: General

Known as the Uniform Commercial Code

The act spans §§ 104–104 (489 sections).

Applied in 3 court decisions — leading case In Re SCHWALB (2006)

Most recently applied in Fry v. Dinan (In Re Dinan) (April 2011)

(Added to NRS by 1999, 351; A 2001, 732; 2023, 3230)

How often courts cite this section

20062010201110
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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

(a) The contents of a notification of disposition are sufficient if the notification:

(1) 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.

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

(c) The contents of a notification providing substantially the information specified in paragraph (a) are sufficient, even if the notification includes:

(1) Information not specified by that paragraph; or

(2) Minor errors that are not seriously misleading.

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

(e) The following form of notification and the form appearing in paragraph (c) of subsection 1 of NRS 104.9614, when completed in accordance with the instructions in subsection 2 and subsection 2 of NRS 104.9614, each provides sufficient information:

2. The following instructions apply to the form of notification in paragraph (e) of subsection 1:

(a) The instructions in this subsection refer to the numbers in braces before items in the form of notification in paragraph (e) of subsection 1. Do not include the numbers or braces in the notification. The numbers and braces are used only for the purpose of these instructions.

(b) Include and complete item {1} only if there is a debtor that is not an addressee of the notification and list the name or names.

(c) Include and complete either item {2}, if the notification relates to a public disposition of the collateral, or item {3}, if the notification relates to a private disposition of the collateral. If item {2} is included, include the words “to the highest qualified bidder” only if applicable.

(d) Include and complete items {4} and {6}.

(e) Include and complete item {5} only if the sender will charge the recipient for an accounting.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.