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W. Va. Code § 46-9-612

Timeliness of notification before disposition of collateral

Known as the Uniform Commercial Code

The act spans §§ 46–46 (630 sections).

Applied in 1 court decision — leading case Morgantown Excavators, Inc. v. Huntington National Bank (In re Godfrey) (2016)

Most recently applied in Morgantown Excavators, Inc. v. Huntington National Bank (In re Godfrey) (September 2016)

(a) Reasonable time is question of fact. Except as otherwise provided in subsection (b) of this section, whether a notification is sent within a reasonable time is a question of fact.

(b) Ten-day period sufficient in non-consumer transaction. In a transaction other than a consumer transaction, a notification of disposition sent after default and ten days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.

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