US Lawyer Database

§ 11-9-610. Disposition of Collateral After Default

Disposition after default.    After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing. Commercially reasonable disposition.    Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, […]

§ 11-9-626. Action in Which Deficiency or Surplus Is in Issue

Applicable rules if amount of deficiency or surplus in issue.    In an action arising from a transaction, other than a consumer transaction, in which the amount of a deficiency or surplus is in issue, the following rules apply: A secured party need not prove compliance with the provisions of this part relating to collection, […]

§ 11-9-611. Notification Before Disposition of Collateral

“Notification date.”   As used in this Code section, the term “notification date” means the earlier of the date on which: A secured party sends to the debtor and any secondary obligor an authenticated notification of disposition; or The debtor and any secondary obligor waive the right to notification. Notification of disposition required.    Except […]

§ 11-9-627. Determination of Whether Conduct Was Commercially Reasonable

Greater amount obtainable under other circumstances; no preclusion of commercial reasonableness.    The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party […]

§ 11-9-612. Timeliness of Notification Before Disposition of Collateral

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. Ten-day period sufficient in nonconsumer transaction.    In a transaction other than a consumer transaction, a notification of disposition sent after default and […]

§ 11-9-613. Contents and Form of Notification Before Disposition of Collateral; General

Except in a consumer goods transaction, the following rules apply: The contents of a notification of disposition are sufficient if the notification: Describes the debtor and the secured party; Describes the collateral that is the subject of the intended disposition; States the method of intended disposition; States that the debtor is entitled to an accounting […]

§ 11-9-525. Fees

Initial financing statement; general.    Except as otherwise provided in subsection (b) of this Code section, the fees for filing a record under this part are the amounts specified in Article 2 of Chapter 6 of Title 15. Fees of the Georgia Superior Court Clerks’ Cooperative Authority.    The Georgia Superior Court Clerks’ Cooperative Authority […]

§ 11-9-526. Rules

Adoption of filing office rules.    The authority shall adopt and publish in print or electronically rules to implement this article, including rules to administer, maintain, and modify the central indexing system. The filing office rules must be consistent with this article. Harmonization of rules.    To keep the filing office rules, practices of the […]