Title 11, Chapter 9, Section 210
( 11-9-210)
Request for accounting; request regarding list of collateral or statement of account. (a) Definitions. As used in this Code section, the term: (1) "Request" means a record of a type described in paragraph (2),
(3), or (4) of this subsection. (2) "Request for an accounting" means a record authenticated by a
debtor requesting that the recipient provide an accounting of the
unpaid obligations secured by collateral and reasonably
identifying the transaction or relationship that is the subject of
the request. (3) "Request regarding a list of collateral" means a record
authenticated by a debtor requesting that the recipient approve or
correct a list of what the debtor believes to be the collateral
securing an obligation and reasonably identifying the transaction
or relationship that is the subject of the request. (4) "Request regarding a statement of account" means a record
authenticated by a debtor requesting that the recipient approve or
correct a statement indicating what the debtor believes to be the
aggregate amount of unpaid obligations secured by collateral as of
a specified date and reasonably identifying the transaction or
relationship that is the subject of the request. (b) Duty to respond to requests. Subject to subsections (c), (d),
(e), and (f) of this Code section, a secured party, other than a
buyer of accounts, chattel paper, payment intangibles, or promissory
notes or a consignor, shall comply with a request within 14 days
after receipt: (1) In the case of a request for an accounting, by authenticating
and sending to the debtor an accounting; and (2) In the case of a request regarding a list of collateral or a
request regarding a statement of account, by authenticating and
sending to the debtor an approval or correction. (c) Request regarding list of collateral; statement concerning type
of collateral. A secured party that claims a security interest in
all of a particular type of collateral owned by the debtor may
comply with a request regarding a list of collateral by sending to
the debtor an authenticated record including a statement to that
effect within 14 days after receipt. (d) Request regarding list of collateral; no interest claimed. A
person that receives a request regarding a list of collateral,
claims no interest in the collateral when it receives the request,
and claimed an interest in the collateral at an earlier time shall
comply with the request within 14 days after receipt by sending to
the debtor an authenticated record: (1) Disclaiming any interest in the collateral; and (2) If known to the recipient, providing the name and mailing
address of any assignee of or successor to the recipient's
interest in the collateral.
(e) Request for accounting or regarding a statement of account; no
interest in obligation claimed. A person that receives a request
for an accounting or a request regarding a statement of account,
claims no interest in the obligations when it receives the request,
and claimed an interest in the obligations at an earlier time shall
comply with the request within 14 days after receipt by sending to
the debtor an authenticated record: (1) Disclaiming any interest in the obligations; and (2) If known to the recipient, providing the name and mailing
address of any assignee of or successor to the recipient's
interest in the obligations. (f) Charges for responses. A debtor is entitled without charge to
one response to a request under this Code section during any
six-month period. The secured party may require payment of a charge
not exceeding $10.00 for each additional response. |