Title 11, Chapter 9, Section 616
( 11-9-616)
Explanation of calculation of surplus or deficiency. (a) Definitions. As used in this Code section, the term: (1) "Explanation" means a writing that: (A) States the amount of the surplus or deficiency; (B) Provides an explanation in accordance with subsection (c) of
this Code section of how the secured party calculated the
surplus or deficiency; (C) States, if applicable, that future debits, credits, charges,
including additional credit service charges or interest,
rebates, and expenses may affect the amount of the surplus or
deficiency; and (D) Provides a telephone number or mailing address from which
additional information concerning the transaction is available. (2) "Request" means a record: (A) Authenticated by a debtor or consumer obligor; (B) Requesting that the recipient provide an explanation; and (C) Sent after disposition of the collateral under Code Section 11-9-610. (b) Explanation of calculation. In a consumer goods transaction in which the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency under Code Section 11-9-615, the secured party shall: (1) Send an explanation to the debtor or consumer obligor, as
applicable, after the disposition and: (A) Before or when the secured party accounts to the debtor and
pays any surplus or first makes written demand on the consumer
obligor after the disposition for payment of the deficiency; and (B) Within 14 days after receipt of a request; or (2) In the case of a consumer obligor who is liable for a
deficiency, within 14 days after receipt of a request, send to the
consumer obligor a record waiving the secured party's right to a
deficiency. (c) Required information. To comply with subparagraph (a)(1)(B) of
this Code section, a writing must provide the following information
in the following order: (1) The aggregate amount of obligations secured by the security
interest under which the disposition was made, and, if the amount
reflects a rebate of unearned interest or credit service charge,
an indication of that fact, calculated as of a specified date: (A) If the secured party takes or receives possession of the
collateral after default, not more than 35 days before the
secured party takes or receives possession; or
(B) If the secured party takes or receives possession of the
collateral before default or does not take possession of the
collateral, not more than 35 days before the disposition; (2) The amount of proceeds of the disposition; (3) The aggregate amount of the obligations after deducting the
amount of proceeds; (4) The amount, in the aggregate or by type, and types of
expenses, including expenses of retaking, holding, preparing for
disposition, processing, and disposing of the collateral, and
attorney's fees secured by the collateral which are known to the
secured party and relate to the current disposition; (5) The amount, in the aggregate or by type, and types of credits,
including rebates of interest or credit service charges, to which
the obligor is known to be entitled and which are not reflected in
the amount in paragraph (1) of this subsection; and (6) The amount of the surplus or deficiency. (d) Substantial compliance. A particular phrasing of the
explanation is not required. An explanation complying substantially
with the requirements of subsection (a) of this Code section is
sufficient, even if it includes minor errors that are not seriously
misleading. (e) Charges for responses. A debtor or consumer obligor is entitled
without charge to one response to a request under this Code section
during any six-month period in which the secured party did not send
to the debtor or consumer obligor an explanation pursuant to
paragraph (1) of subsection (b) of this Code section. The secured
party may require payment of a charge not exceeding $10.00 for each
additional response. |