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Illinois Compiled Statutes

810 ILCS 5/9-613 (2026)

Contents and form of notification before disposition of collateral: general

✓ current as of May 2026
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(810 ILCS 5/9-613)
    Sec. 9-613. Contents and form of notification before disposition of collateral: general.
    (a) Contents and form of notification. Except in a consumer-goods transaction, the following rules apply:
        (1) The contents of a notification of disposition are
    
sufficient if the notification:
            (A) describes the debtor and the secured party;
            (B) describes the collateral that is the subject
        
of the intended disposition;
            (C) states the method of intended disposition;
            (D) states that the debtor is entitled to an
        
accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and
            (E) states the time and place of a public
        
disposition or the time after which any other disposition is to be made.
        (2) Whether the contents of a notification that lacks
    
any of the information specified in paragraph (1) are nevertheless sufficient is a question of fact.
        (3) The contents of a notification providing
    
substantially the information specified in paragraph (1) are sufficient, even if the notification is accompanied by or combined other notification or includes:
            (A) information not specified by that paragraph;
        
or
            (B) minor errors that are not seriously
        
misleading.
        (4) A particular phrasing of the notification is not
    
required.
        (5) The following form of notification and the form
    
appearing in Section 9-614(a)(4), when completed in accordance with the instructions in subsection (b) and Section 9-614(b), each provides sufficient information:
NOTIFICATION OF DISPOSITION OF COLLATERAL
To: (Name of debtor, obligor, or other person to which the notification is sent)
From: (Name, address, and telephone number of secured party)
    {1} Name of any debtor that is not an addressee: (Name of each debtor)
    {2} We will sell (describe collateral) (to the highest qualified bidder) at public sale. A sale could include a lease or license. The sale will be held as follows:
    (Date)
    (Time)
    (Place)
    {3} We will sell (describe collateral) at private sale sometime after (date). A sale could include a lease or license.
    {4} You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell or, as applicable, lease or license.
    {5} If you request an accounting you must pay a charge of $ (amount).
    {6} You may request an accounting by calling us at (telephone number).
[End of Form]
    (b) Instructions for form of notification. The following instructions apply to the form of notification in subsection (a)(5):
        (1) The instructions in this subsection refer to the
    
numbers in braces before items in the form of notification in subsection (a)(5). Do not include the numbers or braces in the notification. The numbers and braces are used only for the purpose of these instructions.
        (2) Include and complete item {1} only if there is a
    
debtor that is not an addressee of the notification and list the name or names.
        (3) Include and complete either item {2}, if the
    
notification relates to a public disposition of the collateral, or item {3}, if the notification relates to a private disposition of the collateral. If item {2} is included, include the words "to the highest qualified bidder" only if applicable.
        (4) Include and complete items {4} and {6}.
        (5) Include and complete item {5} only if the sender
    
will charge the recipient for an accounting.
(Source: P.A. 103-1036, eff. 1-1-25.)

    
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2007–2023 · leading case: Wells Fargo Bank, N.A. v. Smith & Co., Inc. (N.D. Ill. 2023).
Sort: Relevance Newest Treatment
Wells Fargo Bank, N.A. v. Smith & Co., Inc. (N.D. Ill. 2023). “The court also rejects defendant’s argument that there is a genuine dispute whether plaintiff substantially performed its obligations under 810 ILCS 5/9-613(1), to describe the collateral that is subject to the intended disposition and state the charge for an accounting of the…”
Parks v. CNAC-Joliet, Inc. (Ill. App. Ct. 2008). “810 ILCS 5/9-613(1); 9-614(1) (West 2006).”
Gen. Motors Aceptance Corp. v. Stoval (Ill. App. Ct. 2007). “” 810 ILCS 5/9-613 (West 2002). GMAC argues that Pappas’s testimony was sufficient to show that GMAC sent the Notice to defendant and that it was not necessary for GMAC to show that defendant received the Notice in order to sustain its burden of proof under section 9-611(b).”
— 810 ILCS 5/9-613(1) — 2 cases
Wells Fargo Bank, N.A. v. Smith & Co., Inc. (N.D. Ill. 2023). “The court also rejects defendant’s argument that there is a genuine dispute whether plaintiff substantially performed its obligations under 810 ILCS 5/9-613(1), to describe the collateral that is subject to the intended disposition and state the charge for an accounting of the…”
Parks v. CNAC-Joliet, Inc. (Ill. App. Ct. 2008). “810 ILCS 5/9-613(1); 9-614(1) (West 2006).”
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