NRS104.9613. Contents and form of notification before disposition of collateral: General.  


Latest version.
  •   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 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 subsection 3 of NRS 104.9614, 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].

     

      (Added to NRS by 1999, 351; A 2001, 732)