D.C. Code § 28:9-611: Notification before disposition of collateral.
Where this section sits in the code
- Title 28. Commercial Instruments and Transactions. [Enacted title]
- Subtitle I. Uniform Commercial Code.
- Article 9. Secured Transactions.
- Part VI. Default.
- Subpart 1. Default and Enforcement of Security Interest.
(a)
In this section, “notification date” means the earlier of the date on which:
(1)
A secured party sends to the debtor and any secondary obligor a signed notification of disposition; or
(2)
The debtor and any secondary obligor waive the right to notification.
(b)
Except as otherwise provided in subsection (d), a secured party that disposes of collateral under § 28:9-610 shall send to the persons specified in subsection (c) a reasonable signed notification of disposition.
(c)
To comply with subsection (b), the secured party shall send a signed notification of disposition to:
(1)
The debtor;
(2)
Any secondary obligor; and
(3)
If the collateral is other than consumer goods:
(A)
Any other person from which the secured party has received, before the notification date, a signed notification of a claim of an interest in the collateral;
(B)
Any other secured party or lienholder that, 10 days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:
(i)
Identified the collateral;
(ii)
Was indexed under the debtor’s name as of that date; and
(iii)
Was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and
(C)
Any other secured party that, 10 days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in § 28:9-311(a).
(d)
Subsection (b) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.
(e)
A secured party complies with the requirement for notification prescribed by subsection (c)(3)(B) if:
(1)
Not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor’s name in the office indicated in subsection (c)(3)(B); and
(2)
Before the notification date, the secured party:
(A)
Did not receive a response to the request for information; or
(B)
Received a response to the request for information and sent a signed notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.
Collected 2026-08-29T05:44:07Z. Source file · JSON