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


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  • 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 ].