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Florida Statute 679.614 | Lawyer Caselaw & Research
F.S. 679.614 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 679.614

The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS
Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS
View Entire Chapter
F.S. 679.614
679.614 Contents and form of notification before disposition of collateral; consumer-goods transaction.In a consumer-goods transaction, the following rules apply:
(1) A notification of disposition must provide the following information:
(a) The information specified in s. 679.613(1);
(b) A description of any liability for a deficiency of the person to whom the notification is sent;
(c) A telephone number from which the amount that must be paid to the secured party to redeem the collateral under s. 679.623 is available; and
(d) A telephone number or mailing address from which additional information concerning the disposition and the obligation secured is available.
(2) A particular phrasing of the notification is not required.
(3) The following form of notification, when completed, provides sufficient information:

  (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   (describe collateral)  , because you broke promises in our agreement.

[For a public disposition:]

We will sell   (describe collateral)   at public sale. A sale could include a lease or license. The sale will be held as follows:

Date:

Time:

Place:

You may attend the sale and bring bidders if you want.

[For a private disposition:]

We will sell   (describe collateral)   at private sale sometime after   (date)  . A sale could include a lease or license.

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   (will or will not, as applicable)   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.

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   (telephone number)  .

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   (telephone number)   or write us at   (secured party’s address)   and request a written explanation. We will charge you $  for the explanation if we sent you another written explanation of the amount you owe us within the last 6 months.

If you need more information about the sale, call us at   (telephone number)   or write us at   (secured party’s address)  .

We are sending this notice to the following other people who have an interest in   (describe collateral)   or who owe money under your agreement:

  (Names of all other debtors and obligors, if any)  

(4) A notification in the form of subsection (3) is sufficient, even if additional information appears at the end of the form.
(5) A notification in the form of subsection (3) is sufficient, even if it includes errors in information not required by subsection (1), unless the error is misleading with respect to rights arising under this chapter.
(6) If a notification under this section is not in the form of subsection (3), law other than this chapter determines the effect of including information not required by subsection (1).
History.s. 7, ch. 2001-198.

F.S. 679.614 on Google Scholar

F.S. 679.614 on Casetext

Amendments to 679.614


Arrestable Offenses / Crimes under Fla. Stat. 679.614
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 679.614.



Annotations, Discussions, Cases:

Cases from cite.case.law:

L. WILLIAMS, v. DELRAY AUTO MALL, INC. a FGAP a, 916 F. Supp. 2d 1294 (S.D. Fla. 2013)

. . . Williams argues Defendant FGAP Investment did not comply with the notice requirements of Florida Statute § 679.614 . . .

JACKSON, v. SOUTHERN AUTO FINANCE COMPANY, a d b a SAFCo., 988 So. 2d 721 (Fla. Dist. Ct. App. 2008)

. . . The notice provided by the lender failed to include a number of requirements found in section 679.614 . . .

MURO, v. HERMANOS AUTO WHOLESALERS, INC., 514 F. Supp. 2d 1343 (S.D. Fla. 2007)

. . . Section 679.614 provides that prior to disposition of a repossessed consumer good, the secured party . . . Stat. § 679.614(1). . . . The information specified in § 679.613(1), which is incorporated into § 679.614(1), mandates that the . . . According to the UCC commentary to § 679.614, “[a] notification that lacks any of the information set . . . Damages Under § 679.614 Proof of a violation of § 679.614 entitles Plaintiff to recover damages in accordance . . .