70A-9a-613 - Contents and form of notification before disposition of collateral -- General. - Utah Statutes

70A-9a-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 statesthe charge, if any, for an accounting; and
(e) states the time and place of a public disposition or the time after which any otherdisposition is to be made.
(2) Whether the contents of a notification that lacks any of the information specified inSubsection (1) are nevertheless sufficient is a question of fact.
(3) The contents of a notification providing substantially the information specified inSubsection (1) are sufficient, even if the notification includes:
(a) information not specified by that subsection; 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 Subsection70A-9a-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 highestqualified bidder] in public as follows:
Day and Date: [Insert day and date]
Time: [Insert time]
Place: [Insert place]
[For a private disposition:]
We will sell [or lease or license, as applicable] the [describe collateral] privatelysometime after [day and date].
You are entitled to an accounting of the unpaid indebtedness secured by the property thatwe intend to sell [or lease or license, as applicable] [for a charge of $[Insert amount] ]. You mayrequest an accounting by calling us at [telephone number].

Enacted by Chapter 252, 2000 General Session