D.C. Code § 28:9-620: Acceptance of collateral in full or partial satisfaction of obligation; compulsory 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)
Except as otherwise provided in subsection (g), a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if:
(1)
The debtor consents to the acceptance under subsection (c);
(2)
The secured party does not receive, within the time set forth in subsection (d), a notification of objection to the proposal signed by:
(A)
A person to which the secured party was required to send a proposal under § 28:9-621; or
(B)
Any other person, other than the debtor, holding an interest in the collateral subordinate to the security interest that is the subject of the proposal;
(3)
If the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and
(4)
Subsection (e) of this section does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to § 28:9-624.
(b)
A purported or apparent acceptance of collateral under this section is ineffective unless:
(1)
The secured party consents to the acceptance in a signed record or sends a proposal to the debtor; and
(2)
The conditions of subsection (a) of this section are met.
(c)
For purposes of this section:
(1)
A debtor consents to an acceptance of collateral in partial satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record signed after default; and
(2)
A debtor consents to an acceptance of collateral in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record signed after default or the secured party:
(A)
Sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession of the secured party be preserved or maintained;
(B)
In the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and
(C)
Does not receive a notification of objection signed by the debtor within 20 days after the proposal is sent.
(d)
To be effective under subsection (a)(2), a notification of objection must be received by the secured party:
(1)
In the case of a person to which the proposal was sent pursuant to § 28:9-621, within 20 days after notification was sent to that person; and
(2)
In other cases:
(A)
Within 20 days after the last notification was sent pursuant to § 28:9-621; or
(B)
If a notification was not sent, before the debtor consents to the acceptance under subsection (c) of this section.
(e)
A secured party that has taken possession of collateral shall dispose of the collateral pursuant to § 28:9-610 within the time specified in subsection (f) if:
(1)
60 percent of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or
(2)
60 percent of the principal amount of the obligation secured has been paid in the case of a non-purchase-money security interest in consumer goods.
(f)
To comply with subsection (e), the secured party shall dispose of the collateral:
(1)
Within 90 days after taking possession; or
(2)
Within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and signed after default.
(g)
In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.
Collected 2026-08-29T05:44:07Z. Source file · JSON