Wis. Stat. § 409.613

Current through Acts 2023-2024, ch. 272

Section 409.613 - Contents and form of notification before disposition of collateral: general

Except in a consumer-goods transaction, the following rules apply:

(1) NOTIFICATION: WHEN SUFFICIENT. 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) NOTIFICATION: QUESTION OF FACT. Whether the contents of a notification that lacks any of the information specified in sub. (1) are nevertheless sufficient is a question of fact.

(3) NOTIFICATION: OTHER INFORMATION OR MINOR ERRORS. The contents of a notification providing substantially the information specified in sub. (1) are sufficient, even if the notification includes:

(a) Information not specified by sub. (1); or

(b) Minor errors that are not seriously misleading.

(4) SUBSTANTIAL COMPLIANCE. A particular phrasing of the notification is not required.

(5) NOTIFICATION: FORM SUFFICIENT. The following form of notification and the form appearing in s. 409.614(3), when completed, each provide 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].

Wis. Stat. § 409.613

2001 a. 10.