679.613 Contents and form of notification before disposition of collateral; general. - Florida Statutes

679.613 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) are nevertheless sufficient is a question of fact.

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

   (a) Information not specified by that paragraph; 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 s. 679.614(3), when completed, each provides sufficient information:

NOTIFICATION OF DISPOSITIONOF 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)  .

History. s. 7, ch. 2001-198.