eLaws of Florida

  SECTION 679.614. Contents and form of notification before disposition of collateral; consumer-goods transaction.  


Latest version.
  • 1In a consumer-goods transaction, the following rules apply:
    9(1) 10A notification of disposition must provide the following information:
    19(a) 20The information specified in s. 25679.613(1);
    26(b) 27A description of any liability for a deficiency of the person to whom the notification is sent;
    44(c) 45A telephone number from which the amount that must be paid to the secured party to redeem the collateral under s. 66679.623 67is available; and
    70(d) 71A telephone number or mailing address from which additional information concerning the disposition and the obligation secured is available.
    90(2) 91A particular phrasing of the notification is not required.
    100(3) 101The following form of notification, when completed, provides sufficient information:

    111(Name and address of secured party)

    117(Date)

    118NOTICE OF OUR PLAN TO SELL PROPERTY

    125(Name and address of any obligor who is also a debtor)

    136Subject: 137(Identification of Transaction)

    140We have your 143(describe collateral) , 145because you broke promises in our agreement.

    152[For a public disposition:]

    156We will sell 159(describe collateral) 161at public sale. A sale could include a lease or license. The sale will be held as follows:

    179Date:

    180Time:

    181Place:

    182You may attend the sale and bring bidders if you want.

    193[For a private disposition:]

    197We will sell 200(describe collateral) 202at private sale sometime after 207(date) 208. A sale could include a lease or license.

    217The 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 244(will or will not, as applicable) 250still 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.

    277You 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 318(telephone number) 320.

    321If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at 346(telephone number) 348or write us at 352(secured party’s address) 355and request a written explanation. We will charge you $ 365for the explanation if we sent you another written explanation of the amount you owe us within the last 6 months.

    386If you need more information about the sale, call us at 397(telephone number) 399or write us at 403(secured party’s address) 406.

    407We are sending this notice to the following other people who have an interest in 422(describe collateral) 424or who owe money under your agreement:

    431(Names of all other debtors and obligors, if any)

    440(4) 441A notification in the form of subsection (3) is sufficient, even if additional information appears at the end of the form.
    462(5) 463A notification in the form of subsection (3) is sufficient, even if it includes errors in information not required by subsection (1), unless the error is misleading with respect to rights arising under this chapter.
    498(6) 499If a notification under this section is not in the form of subsection (3), law other than this chapter determines the effect of including information not required by subsection (1).
History.-s. 7, ch. 2001-198.

Bills Cite this Section:

None

Cited by Court Cases:

None