CO Code § 4-9-614 (2021)
2021 Colorado Code|Title 4 - Uniform Commercial Code|Article 9 - Secured Transactions|Part 6 - Default|§ 4-9-614. Contents and Form of Notification Before Disposition of Collateral: Consumer-Goods Transaction

  In a consumer-goods transaction, the following rules apply:   A notification of disposition must provide the following information:   The information specified in section 4-9-613 (1);    A description of any liability for a deficiency of the person to which the notification is sent;    A telephone number and mailing address from which the amount that must be paid to the secured party to redeem the collateral under section 4-9-623 is available; and    A telephone number and mailing address from which additional information concerning the disposition and the obligation secured is available.       A particular phrasing of the notification is not required.    The following form of notification, when completed, provides sufficient information:    A notification in the form of paragraph (3) of this subsection (a) is sufficient, even if additional information appears at the end of the form.    A notification in the form of paragraph (3) of this subsection (a) is sufficient, even if it includes errors in information not required by paragraph (1) of this subsection (a), unless the error is misleading with respect to rights arising under this article.    If a notification under this section is not in the form of paragraph (3) of this subsection (a), law other than this article determines the effect of including information not required by paragraph (1) of this section.        ]  [Name and address of secured party  [ ]  Date  NOTICE OF OUR PLAN TO SELL PROPERTY   [ ]  Name and address of any obligor who is also a debtor  Subject:   [ ]  Identification of Transaction  We have your [ ], because you broke promises in our agreement.  describe collateral  [ ]  For a public disposition:  We will sell [ ] at public sale. A sale could include a lease or license. The sale will be held as follows:  describe collateral   Date: Time: Place:   You may attend the sale and bring bidders if you want.   [ ]  For a private disposition:  We will sell [ ] at private sale sometime after [ ]. A sale could include a lease or license.  describe collateral date  The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you [ ] still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else.  will or will not, as applicable  You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. To learn the exact amount you must pay, call us at [ ] or write us at [ ].  telephone number secured party's address  If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at [ ] [or write us at [ ]] and request a written explanation. [We will charge you $ _____________ for the explanation if we have already sent you an explanation of the type requested within the last six months.]  telephone number secured party's address  If you need more information about the sale call us at [ ] [or write us at [ ]].  telephone number secured party's address  We are sending this notice to the following other people who have an interest in [ ] or who owe money under your agreement:  describe collateral  [ ]  Names of all other debtors and obligors, if any  History. Source: L. 2001: Entire article R&RE, p. 1407, § 1, effective July 1.    Editor's note - Colorado legislative change: Colorado added the phrase “and mailing address” in subsection (a)(1)(C) and substituted “and” for “or” in subsection (a)(1)(D). Colorado added the phrase “or write us at [ ]” in the form regarding how to learn the exact amount the debtor must pay. The uniform act's form regarding explanations reads: “We will charge you $ _____________ for the explanation if we sent you another written explanation of the amount you owe us within the last six months.”  secured party's address  OFFICIAL COMMENT   1. Source. New.   2. Notification in Consumer-Goods Transactions. Paragraph (1) sets forth the information required for a reasonable notification in a consumer-goods transaction. A notification that lacks any of the information set forth in paragraph (1) is insufficient as a matter of law. Compare Section 9-613(2), under which the trier of fact may find a notification to be sufficient even if it lacks some information listed in paragraph (1) of that section.   3. Safe-Harbor Form of Notification; Errors in Information. Although paragraph (2) provides that a particular phrasing of a notification is not required, paragraph (3) specifies a safe-harbor form that, when properly completed, satisfies paragraph (1). Paragraphs (4), (5), and (6) contain special rules applicable to erroneous and additional information. Under paragraph (4), a notification in the safe-harbor form specified in paragraph (3) is not rendered insufficient if it contains additional information at the end of the form. Paragraph (5) provides that non-misleading errors in information contained in a notification are permitted if the safe-harbor form is used and if the errors are in information not required by paragraph (1). Finally, if a notification is in a form other than the paragraph (3) safe-harbor form, other law determines the effect of including in the notification information other than that required by paragraph (1).