§ 84-9-613 — 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 K.S.A. 2024 Supp. 84-9-614(3) and amendments thereto, 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 ].

Legislative History

L. 2000, ch. 142, § 111; L. 2002, ch. 159, § 22; May 23.