Wisconsin Statutes (Last Updated: January 10, 2017) |
Chapter 409. Uniform Commercial Code — Secured Transactions |
SubChapter VI. DEFAULT |
Section 409.613. Contents and form of notification before disposition of collateral: general.
Latest version.
- 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 COLLATERALTo: .... [ 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 ].