30-9A-613. Contents and form of notification before disposition of collateral -- general. (1) Except in a consumer-goods transaction, the following rules apply: (a) The contents of a notification of disposition are sufficient if the notification: (i) describes the debtor and the secured party; (ii) describes the collateral that is the subject of the intended disposition; (iii) states the method of intended disposition; (iv) states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and (v) states the time and place of a public disposition or the time after which any other disposition is to be made. (b) Whether the contents of a notification that lacks any of the information set forth in subsection (1) are nevertheless sufficient is a question of fact. (c) The contents of a notification providing substantially the information specified in subsection (1) are sufficient, even if the notification includes: (i) information not specified by that subsection; or (ii) minor errors that are not seriously misleading. (d) A particular phrasing of the notification is not required. if the notification includes: (i) information not specified by that subsection; or (ii) minor errors that are not seriously misleading. (d) A particular phrasing of the notification is not required. (2) The following form of notification and the form appearing in 30-9A-614(3), when completed, each provides 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 $ .......]. ime 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] [End of Form] History: En. Sec. 110, Ch. 305, L. 1999; amd. Sec. 20, Ch. 179, L. 2001; Sec. 30-9-613, MCA 1999; redes. 30-9A-613 by Code Commissioner, 2001.
Montana Legal Code