RS 10:9-613 Contents and form of notification before disposition of collateral: general - Louisiana Statutes

§9-613.  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 paragraph (1) are nevertheless sufficient is a question of fact.

(3)  The contents of a notification providing substantially the information specified in paragraph (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 R.S. 10:9-614(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]

[End of Form]

Acts 2001, No. 128, §1, eff. July 1, 2001.