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2018 Georgia Code 11-9-612 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 11-9-612 Case Law from Google Scholar Amendments to OCGA 11-9-612

TITLE 11 COMMERCIAL CODE

Section 9. Secured Transactions, 11-9-101 through 11-9-809.

ARTICLE 9 SECURED TRANSACTIONS

PART 1 DEFAULT AND ENFORCEMENT OF SECURITY INTEREST

11-9-612. Timeliness of notification before disposition of collateral.

  1. Reasonable time is question of fact. Except as otherwise provided in subsection (b) of this Code section, whether a notification is sent within a reasonable time is a question of fact.
  2. Ten-day period sufficient in nonconsumer transaction. In a transaction other than a consumer transaction, a notification of disposition sent after default and ten days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.

(Code 1981, §11-9-612, enacted by Ga. L. 2001, p. 362, § 1.)

JUDICIAL DECISIONS

Reasonable Notification of Sale

Definition of O.C.G.A.

§ 11-1-201 not of itself sufficient for making determination. - Question of whether reasonable notification of time after which private sale or other intended disposition is to be made has been sent by secured party to debtor cannot be determined solely on definitional basis of O.C.G.A. § 11-1-201. Geohagan v. Commercial Credit Corp., 130 Ga. App. 828, 204 S.E.2d 784 (1974) (decided under former Code Section11-9-504).

Notice stating intent to sell ten days from postmark.

- Notice sent to debtor, at address given when debtor executed security agreement, by certified mail, return receipt requested, and received by debtor two days after mailing notifying debtor of creditor's intention to sell collateral at private sale ten days after postmark was effective, was a satisfactory and reasonable method of notification. Motor Contract Co. v. Sawyer, 123 Ga. App. 207, 180 S.E.2d 282 (1971) (decided under former Code Section11-9-504).

Conflicting evidence presents jury question.

- Where there is conflicting evidence as to nature and extent of debtor's knowledge, debtor should not be estopped from raising lack of notice as a defense. Rather, question of "reasonable notification " should be submitted to jury. Comfort Trane Air Conditioning Co. v. Trane Co., 592 F.2d 1373 (5th Cir. 1979).

RESEARCH REFERENCES

U.L.A.

- Uniform Commercial Code (U.L.A.) § 9-612.

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