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4-9-614. Contents and form of notification before disposition of collateral: Consumer-goods transaction.

Arkansas Code — all titles (historical 2020) · legal_authorities

4-9-614. Contents and form of notification before disposition of collateral: Consumer-goods transaction.

4-9-614. Contents and form of notification before disposition of collateral: Consumer-goods transaction. In a consumer-goods transaction, the following rules apply: (1) A notification of disposition must provide the following information: (A) the information specified in § 4-9-613(1); (B) a description of any liability for a deficiency of the person to which the notification is sent; (C) a telephone number from which the amount that must be paid to the secured party to redeem the collateral under § 4-9-623 is available; and (D) a telephone number or mailing address from which additional information concerning the disposition and the obligation secured is available. (2) A particular phrasing of the notification is not required. (3) The following form of notification, when completed, provides sufficient information: [ Name and address of secured party ] [ Date ] NOTICE OF OUR PLAN TO SELL PROPERTY [ Name and address of any obligor who is also a debtor ] Subject: [ Identification of Transaction ] We have your [ describe collateral ], because you broke promises in our agreement. [ For a public disposition: ] We will sell [ describe collateral ] at public sale. A sale could include a lease or license. The sale will be held as follows: Date: Time: Place: You may attend the sale and bring bidders if you want. [ For a private disposition: ] We will sell [ describe collateral ] at private sale sometime after [ date ]. A sale could include a lease or license. The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you [ will or will not, as applicable ] still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. You can g

Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-9-614

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:4-9-614
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 20104cc30a7005adde1c6bee36cc610f6e00f851fdb5b9d0889703383e3be481

Source location: content.xml paragraph 11364

Stored source content

4-9-614. Contents and form of notification before disposition of collateral: Consumer-goods transaction. In a consumer-goods transaction, the following rules apply: (1) A notification of disposition must provide the following information: (A) the information specified in § 4-9-613(1); (B) a description of any liability for a deficiency of the person to which the notification is sent; (C) a telephone number from which the amount that must be paid to the secured party to redeem the collateral under § 4-9-623 is available; and (D) a telephone number or mailing address from which additional information concerning the disposition and the obligation secured is available. (2) A particular phrasing of the notification is not required. (3) The following form of notification, when completed, provides sufficient information: [ Name and address of secured party ] [ Date ] NOTICE OF OUR PLAN TO SELL PROPERTY [ Name and address of any obligor who is also a debtor ] Subject: [ Identification of Transaction ] We have your [ describe collateral ], because you broke promises in our agreement. [ For a public disposition: ] We will sell [ describe collateral ] at public sale. A sale could include a lease or license. The sale will be held as follows: Date: Time: Place: You may attend the sale and bring bidders if you want. [ For a private disposition: ] We will sell [ describe collateral ] at private sale sometime after [ date ]. A sale could include a lease or license. The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you [ will or will not, as applicable ] still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. To learn the exact amount you must pay, call us at [ telephone number ]. If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at [ telephone number ] [ or write us at [secured party's address ]] and request a written explanation. [We will charge you $ for the explanation if we sent you another written explanation of the amount you owe us within the last six months.] If you need more information about the sale call us at [ telephone number ] [or write us at [ secured party's address ]]. We are sending this notice to the following other people who have an interest in [ describe collateral ] or who owe money under your agreement: [ Names of all other debtors and obligors, if any ] Click to view form. (4) A notification in the form of paragraph (3) is sufficient, even if additional information appears at the end of the form. (5) A notification in the form of paragraph (3) is sufficient, even if it includes errors in information not required by paragraph (1), unless the error is misleading with respect to rights arising under this chapter. (6) If a notification under this section is not in the form of paragraph (3), law other than this chapter determines the effect of including information not required by paragraph (1).

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Arkansas Code — all titles (historical 2020) · legal_authorities

4-9-613. Contents and form of notification before disposition of collateral: General.

4-9-613. 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 § 4-9-614(3), 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 lea

Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-9-613

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-9-613. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

4-9-623. Right to redeem collateral.

4-9-623. Right to redeem collateral. (a) A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral. (b) To redeem collateral, a person shall tender: (1) fulfillment of all obligations secured by the collateral; and (2) the reasonable expenses and attorney's fees described in § 4-9-615(a)(1). (c) A redemption may occur at any time before a secured party: (1) has collected collateral under § 4-9-607; (2) has disposed of collateral or entered into a contract for its disposition under § 4-9-610; or (3) has accepted collateral in full or partial satisfaction of the obligation it secures under § 4-9-622.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-9-623

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-9-623. This identifies an authority to review, not proof of applicability.