P.R. Laws tit. 19, § 2373

2019-02-20 00:00:00+00
§ 2373. 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 subsection (1) of this section, are nevertheless sufficient is a question of fact.

(3) The contents of a notification providing substantially the information specified in subsection (1) of this section, 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 § 2374(3) of this title, 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]

History —Sept. 19, 1996, No. 241, added as § 9-613 on Jan. 17, 2012, No. 21, § 11, eff. 1 year after Jan. 17, 2012.