{"data":{"id":"us-wv/w.-va.-code-46-9-611","jurisdiction":"us-wv","citation":"W. Va. Code § 46-9-611","heading":"Notification before disposition of collateral.","body":"(a) \"Notification date.\" In this section, \"notification date\" means the earlier of the date on which:\n(1) A secured party sends to the debtor and any secondary obligor an authenticated notification of disposition; or\n(2) The debtor and any secondary obligor waive the right to notification.\n(b) Notification of disposition required. Except as otherwise provided in subsection (d) of this section, a secured party that disposes of collateral under section 9-610 shall send to the persons specified in subsection (c) of this section a reasonable authenticated notification of disposition.\n(c) Persons to be notified. To comply with subsection (b), the secured party shall send an authenticated notification of disposition to:\n(1) The debtor;\n(2) Any secondary obligor; and\n(3) If the collateral is other than consumer goods:\n(A) Any other person from which the secured party has received, before the notification date, an authenticated notification of a claim of an interest in the collateral;\n(B) Any other secured party or lienholder that, ten 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:\n(i) Identified the collateral;\n(ii) Was indexed under the debtor's name as of that date; and\n(iii) Was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and\n(C) Any other secured party that, ten days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in section 9-311(a).\n(d) Subsection (b) inapplicable: perishable collateral; recognized market. Subsection (b) of this section 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.\n(e) Compliance with subsection (c)(3)(B). A secured party complies with the requirement for notification prescribed by subsection (c)(3)(B) of this section if:\n(1) Not later than twenty days or earlier than thirty 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) of this section; and\n(2) Before the notification date, the secured party:\n(A) Did not receive a response to the request for information; or\n(B) Received a response to the request for information and sent an authenticated notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.","path":["CHAPTER 46. UNIFORM COMMERCIAL CODE.","ARTICLE 9. SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER."],"source_url":"https://code.wvlegislature.gov/46-9-611/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:56Z","sha256":"f49d4f15f99b5b21206b2fa4a00ede4a3b6279b7a547aa34e9615eda890e61ae","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-46-9-610","next":"us-wv/w.-va.-code-46-9-612"},"notice":"GroundRules: Original legal text. Not legal advice."}