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§9-1612
Title 11: UNIFORM COMMERCIAL CODE
Article 9-A: TRANSACTIONS
Part 6: DEFAULT
Subpart 1: DEFAULT AND ENFORCEMENT OF SECURITY INTEREST
§9-1614

§9-1613. Contents and form of notification before disposition of collateral: general

Except in a consumer-goods transaction, the following rules apply.   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(1).  The contents of a notification of disposition are sufficient if the notification:  
(a). Describes the debtor and the secured party;   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). Describes the collateral that is the subject of the intended disposition;   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(c). States the method of intended disposition;   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(d). States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(e). States the time and place of a public disposition or the time after which any other disposition is to be made.   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(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.  
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(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 subsection; or   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). Minor errors that are not seriously misleading.   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(4).  A particular phrasing of the notification is not required.  
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(5).  The following form of notification or the form appearing in section 9-1614, subsection (3), when completed, 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) not 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]
 
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
SECTION HISTORY
PL 1999, c. 699, §A2 (NEW). PL 1999, c. 699, §A4 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes · 7 State House Station · State House Room 108 · Augusta, Maine 04333-0007
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