{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.9A-607.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.9A-607.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.9A-607.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.9A-607.html"}],"law_id":78656,"edition_id":1,"section_id":78656,"structure_id":15263,"section_number":"8.9A-607","catch_line":"Collection and enforcement by secured party","history":"1964, c. 219, \u00a7 8.9-502; 1973, c. 509; 2000, c. 1007; 2012, c. 155.","full_text":"a\n\nCollection and enforcement generally. If so agreed, and in any event after default, a secured party:1\n\nmay notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party;2\n\nmay take any proceeds to which the secured party is entitled under § 8.9A-315;3\n\nmay enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor, and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral;4\n\nif it holds a security interest in a deposit account perfected by control under § 8.9A-104 (a) (1), may apply the balance of the deposit account to the obligation secured by the deposit account; and5\n\nif it holds a security interest in a deposit account perfected by control under § 8.9A-104 (a) (2) or (3), may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.b\n\nNonjudicial enforcement of mortgage. If necessary to enable a secured party to exercise under subsection (a)(3) the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which a record of the mortgage is recorded:1\n\na copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage; and2\n\nthe secured party’s sworn affidavit in recordable form stating that:A\n\na default has occurred with respect to the obligation secured by the mortgage; andB\n\nthe secured party is entitled to enforce the mortgage nonjudicially.c\n\nCommercially reasonable collection and enforcement. A secured party shall proceed in a commercially reasonable manner if the secured party:1\n\nundertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and2\n\nis entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.d\n\nExpenses of collection and enforcement. A secured party may deduct from the collections made pursuant to subsection (c) reasonable expenses of collection and enforcement, including reasonable attorney’s fees and legal expenses incurred by the secured party.e\n\nDuties to secured party not affected. This section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.","order_by":null,"text":{"0":{"id":281835,"text":"Collection and enforcement generally. If so agreed, and in any event after default, a secured party:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":281836,"text":"may notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party;","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":281837,"text":"may take any proceeds to which the secured party is entitled under § 8.9A-315;","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"a3"},"3":{"id":281838,"text":"may enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor, and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral;","type":"section","prefixes":["a","3"],"prefix":"3","entire_prefix":"a3","prefix_anchor":"a3","level":2,"prior_prefix":"a2","next_prefix":"a4"},"4":{"id":281839,"text":"if it holds a security interest in a deposit account perfected by control under § 8.9A-104 (a) (1), may apply the balance of the deposit account to the obligation secured by the deposit account; and","type":"section","prefixes":["a","4"],"prefix":"4","entire_prefix":"a4","prefix_anchor":"a4","level":2,"prior_prefix":"a3","next_prefix":"a5"},"5":{"id":281840,"text":"if it holds a security interest in a deposit account perfected by control under § 8.9A-104 (a) (2) or (3), may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.","type":"section","prefixes":["a","5"],"prefix":"5","entire_prefix":"a5","prefix_anchor":"a5","level":2,"prior_prefix":"a4","next_prefix":"b"},"6":{"id":281841,"text":"Nonjudicial enforcement of mortgage. If necessary to enable a secured party to exercise under subsection (a)(3) the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which a record of the mortgage is recorded:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a5","next_prefix":"b1"},"7":{"id":281842,"text":"a copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage; and","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"8":{"id":281843,"text":"the secured party’s sworn affidavit in recordable form stating that:","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"A"},"9":{"id":281844,"text":"a default has occurred with respect to the obligation secured by the mortgage; and","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"b2","next_prefix":"B"},"10":{"id":281845,"text":"the secured party is entitled to enforce the mortgage nonjudicially.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"c"},"11":{"id":281846,"text":"Commercially reasonable collection and enforcement. A secured party shall proceed in a commercially reasonable manner if the secured party:","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"B","next_prefix":"c1"},"12":{"id":281847,"text":"undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and","type":"section","prefixes":["c","1"],"prefix":"1","entire_prefix":"c1","prefix_anchor":"c1","level":2,"prior_prefix":"c","next_prefix":"c2"},"13":{"id":281848,"text":"is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.","type":"section","prefixes":["c","2"],"prefix":"2","entire_prefix":"c2","prefix_anchor":"c2","level":2,"prior_prefix":"c1","next_prefix":"d"},"14":{"id":281849,"text":"Expenses of collection and enforcement. A secured party may deduct from the collections made pursuant to subsection (c) reasonable expenses of collection and enforcement, including reasonable attorney’s fees and legal expenses incurred by the secured party.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c2","next_prefix":"e"},"15":{"id":281850,"text":"Duties to secured party not affected. This section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d"}},"ancestry":[{"id":15263,"edition_id":1,"name":"Default and Enforcement of Security Interest","identifier":"1","label":"subpart","depth":3,"order_by":1,"parent_id":15262,"metadata":{},"date_created":"2026-06-26 03:53:25","date_modified":"2026-06-26 03:53:25","permalink":{"id":284295,"object_type":"structure","relational_id":15263,"identifier":"1","token":"8.9A\/6\/1","url":"\/8.9A\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15262,"edition_id":1,"name":"Default","identifier":"6","label":"part","depth":2,"order_by":1,"parent_id":13277,"metadata":{},"date_created":"2026-06-26 03:53:25","date_modified":"2026-06-26 03:53:25","permalink":{"id":284293,"object_type":"structure","relational_id":15262,"identifier":"6","token":"8.9A\/6","url":"\/8.9A\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13277,"edition_id":1,"name":"Commercial Code \u2014 Secured Transactions","identifier":"8.9A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":283833,"object_type":"structure","relational_id":13277,"identifier":"8.9A","token":"8.9A","url":"\/8.9A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87391,"structure_id":15263,"section_number":"8.9A-601","catch_line":"Rights after default; judicial enforcement, consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes","url":"\/8.9A-601\/","token":"8.9A\/6\/1\/8.9A-601","metadata":false},{"id":74406,"structure_id":15263,"section_number":"8.9A-602","catch_line":"Waiver and variance of rights and duties","url":"\/8.9A-602\/","token":"8.9A\/6\/1\/8.9A-602","metadata":false},{"id":69348,"structure_id":15263,"section_number":"8.9A-603","catch_line":"Agreement on standards concerning rights and duties","url":"\/8.9A-603\/","token":"8.9A\/6\/1\/8.9A-603","metadata":false},{"id":61411,"structure_id":15263,"section_number":"8.9A-604","catch_line":"Procedure if security agreement covers real property or fixtures","url":"\/8.9A-604\/","token":"8.9A\/6\/1\/8.9A-604","metadata":false},{"id":69925,"structure_id":15263,"section_number":"8.9A-605","catch_line":"Unknown debtor or secondary obligor","url":"\/8.9A-605\/","token":"8.9A\/6\/1\/8.9A-605","metadata":false},{"id":82913,"structure_id":15263,"section_number":"8.9A-606","catch_line":"Time of default for agricultural lien","url":"\/8.9A-606\/","token":"8.9A\/6\/1\/8.9A-606","metadata":false},{"id":78656,"structure_id":15263,"section_number":"8.9A-607","catch_line":"Collection and enforcement by secured party","url":"\/8.9A-607\/","token":"8.9A\/6\/1\/8.9A-607","metadata":false},{"id":58414,"structure_id":15263,"section_number":"8.9A-608","catch_line":"Application of proceeds of collection or enforcement; liability for deficiency and right to surplus","url":"\/8.9A-608\/","token":"8.9A\/6\/1\/8.9A-608","metadata":false},{"id":76317,"structure_id":15263,"section_number":"8.9A-609","catch_line":"Secured party's right to take possession after default","url":"\/8.9A-609\/","token":"8.9A\/6\/1\/8.9A-609","metadata":false},{"id":83035,"structure_id":15263,"section_number":"8.9A-610","catch_line":"Disposition of collateral after default","url":"\/8.9A-610\/","token":"8.9A\/6\/1\/8.9A-610","metadata":false},{"id":69700,"structure_id":15263,"section_number":"8.9A-611","catch_line":"Notification before disposition of collateral","url":"\/8.9A-611\/","token":"8.9A\/6\/1\/8.9A-611","metadata":false},{"id":60808,"structure_id":15263,"section_number":"8.9A-612","catch_line":"Timeliness of notification before disposition of collateral","url":"\/8.9A-612\/","token":"8.9A\/6\/1\/8.9A-612","metadata":false},{"id":72203,"structure_id":15263,"section_number":"8.9A-613","catch_line":"Contents and form of notification before disposition of collateral; general","url":"\/8.9A-613\/","token":"8.9A\/6\/1\/8.9A-613","metadata":false},{"id":83544,"structure_id":15263,"section_number":"8.9A-614","catch_line":"Contents and form of notification before disposition of collateral; consumer-goods transaction","url":"\/8.9A-614\/","token":"8.9A\/6\/1\/8.9A-614","metadata":false},{"id":63326,"structure_id":15263,"section_number":"8.9A-615","catch_line":"Application of proceeds of disposition; liability for deficiency and right to surplus","url":"\/8.9A-615\/","token":"8.9A\/6\/1\/8.9A-615","metadata":false},{"id":58094,"structure_id":15263,"section_number":"8.9A-616","catch_line":"Explanation of calculation of surplus or deficiency","url":"\/8.9A-616\/","token":"8.9A\/6\/1\/8.9A-616","metadata":false},{"id":70895,"structure_id":15263,"section_number":"8.9A-617","catch_line":"Rights of transferee of collateral","url":"\/8.9A-617\/","token":"8.9A\/6\/1\/8.9A-617","metadata":false},{"id":74054,"structure_id":15263,"section_number":"8.9A-618","catch_line":"Rights and duties of certain secondary obligors","url":"\/8.9A-618\/","token":"8.9A\/6\/1\/8.9A-618","metadata":false},{"id":82499,"structure_id":15263,"section_number":"8.9A-619","catch_line":"Transfer of record or legal title","url":"\/8.9A-619\/","token":"8.9A\/6\/1\/8.9A-619","metadata":false},{"id":83620,"structure_id":15263,"section_number":"8.9A-620","catch_line":"Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral","url":"\/8.9A-620\/","token":"8.9A\/6\/1\/8.9A-620","metadata":false},{"id":69990,"structure_id":15263,"section_number":"8.9A-621","catch_line":"Notification of proposal to accept collateral","url":"\/8.9A-621\/","token":"8.9A\/6\/1\/8.9A-621","metadata":false},{"id":87445,"structure_id":15263,"section_number":"8.9A-622","catch_line":"Effect of acceptance of collateral","url":"\/8.9A-622\/","token":"8.9A\/6\/1\/8.9A-622","metadata":false},{"id":76014,"structure_id":15263,"section_number":"8.9A-623","catch_line":"Right to redeem collateral","url":"\/8.9A-623\/","token":"8.9A\/6\/1\/8.9A-623","metadata":false},{"id":86883,"structure_id":15263,"section_number":"8.9A-624","catch_line":"Waiver","url":"\/8.9A-624\/","token":"8.9A\/6\/1\/8.9A-624","metadata":false}],"previous_section":{"id":82913,"structure_id":15263,"section_number":"8.9A-606","catch_line":"Time of default for agricultural lien","url":"\/8.9A-606\/","token":"8.9A\/6\/1\/8.9A-606","metadata":false},"next_section":{"id":58414,"structure_id":15263,"section_number":"8.9A-608","catch_line":"Application of proceeds of collection or enforcement; liability for deficiency and right to surplus","url":"\/8.9A-608\/","token":"8.9A\/6\/1\/8.9A-608","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.9A-607\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 509; in 2000, chapter 1007<\/a>; in 2012, chapter 155<\/a>.<\/p>","references":[{"id":87391,"section_number":"8.9A-601","catch_line":"Rights after default; judicial enforcement, consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes","order_by":null,"url":"\/8.9A-601\/"},{"id":74406,"section_number":"8.9A-602","catch_line":"Waiver and variance of rights and duties","order_by":null,"url":"\/8.9A-602\/"},{"id":58414,"section_number":"8.9A-608","catch_line":"Application of proceeds of collection or enforcement; liability for deficiency and right to surplus","order_by":null,"url":"\/8.9A-608\/"},{"id":76014,"section_number":"8.9A-623","catch_line":"Right to redeem collateral","order_by":null,"url":"\/8.9A-623\/"}],"refers_to":[{"id":62491,"section_number":"8.9A-104","catch_line":"Control of deposit account","order_by":null,"url":"\/8.9A-104\/"},{"id":76348,"section_number":"8.9A-315","catch_line":"Secured party's rights on disposition of collateral and in proceeds","order_by":null,"url":"\/8.9A-315\/"}],"permalink":{"id":284321,"object_type":"law","relational_id":78656,"identifier":"8.9A-607","token":"8.9A\/6\/1\/8.9A-607","url":"\/8.9A-607\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.9A-607\/","token":"8.9A\/6\/1\/8.9A-607","dublin_core":{"Title":"Collection and enforcement by secured party","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.9A-607","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Collection and enforcement generally. If so agreed, and in any event after default<\/span>, a secured party<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> may notify an account debtor or other person obligated on collateral<\/span> to make payment or otherwise render performance to or for the benefit of the secured party<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> may take any proceeds to which the secured party<\/span> is entitled under § 8.9A-315<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> may enforce the obligations of an account debtor or other person obligated on collateral<\/span> and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral<\/span> to make payment or otherwise render performance to the debtor, and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> if it holds a security interest in a deposit account perfected by control under § 8.9A-104<\/a> (a) (1), may apply the balance of the deposit account to the obligation secured by the deposit account; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> if it holds a security interest in a deposit account perfected by control under § 8.9A-104<\/a> (a) (2) or (3), may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Nonjudicial enforcement of mortgage. If necessary to enable a secured party<\/span> to exercise under subsection (a)(3) the right of a debtor to enforce a mortgage nonjudicially, the secured party<\/span> may record in the office in which a record of the mortgage is recorded: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> a copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> the secured party<\/span>’s sworn affidavit<\/span> in recordable form stating that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> a default<\/span> has occurred with respect to the obligation secured by the mortgage; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> the secured party<\/span> is entitled to enforce the mortgage nonjudicially. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Commercially reasonable collection and enforcement. A secured party<\/span> shall proceed in a commercially reasonable manner if the secured party<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> is entitled to charge back uncollected collateral<\/span> or otherwise to full or limited recourse against the debtor or a secondary obligor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Expenses of collection and enforcement. A secured party<\/span> may deduct from the collections made pursuant to subsection (c) reasonable expenses of collection and enforcement, including reasonable attorney’s fees and legal expenses incurred by the secured party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> Duties to secured party<\/span> not affected. This section does not determine whether an account debtor, bank, or other person obligated on collateral<\/span> owes a duty to a secured party<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOLLECTION AND ENFORCEMENT BY SECURED PARTY (\u00a7 8.9A-607)\n\na. Collection and enforcement generally. If so agreed, and in any event after\ndefault, a secured party:\n\n 1. may notify an account debtor or other person obligated on collateral to\n make payment or otherwise render performance to or for the benefit of the\n secured party;\n\n 2. may take any proceeds to which the secured party is entitled under §\n 8.9A-315;\n\n 3. may enforce the obligations of an account debtor or other person obligated\n on collateral and exercise the rights of the debtor with respect to the\n obligation of the account debtor or other person obligated on collateral to\n make payment or otherwise render performance to the debtor, and with respect\n to any property that secures the obligations of the account debtor or other\n person obligated on the collateral;\n\n 4. if it holds a security interest in a deposit account perfected by control\n under § 8.9A-104 (a) (1), may apply the balance of the deposit account to\n the obligation secured by the deposit account; and\n\n 5. if it holds a security interest in a deposit account perfected by control\n under § 8.9A-104 (a) (2) or (3), may instruct the bank to pay the balance\n of the deposit account to or for the benefit of the secured party.\n\nb. Nonjudicial enforcement of mortgage. If necessary to enable a secured party\nto exercise under subsection (a)(3) the right of a debtor to enforce a mortgage\nnonjudicially, the secured party may record in the office in which a record of\nthe mortgage is recorded:\n\n 1. a copy of the security agreement that creates or provides for a security\n interest in the obligation secured by the mortgage; and\n\n 2. the secured party’s sworn affidavit in recordable form stating that:\n\nA. a default has occurred with respect to the obligation secured by the\nmortgage; and\n\nB. the secured party is entitled to enforce the mortgage nonjudicially.\n\nc. Commercially reasonable collection and enforcement. A secured party shall\nproceed in a commercially reasonable manner if the secured party:\n\n 1. undertakes to collect from or enforce an obligation of an account debtor or\n other person obligated on collateral; and\n\n 2. is entitled to charge back uncollected collateral or otherwise to full or\n limited recourse against the debtor or a secondary obligor.\n\nd. Expenses of collection and enforcement. A secured party may deduct from the\ncollections made pursuant to subsection (c) reasonable expenses of collection\nand enforcement, including reasonable attorney’s fees and legal expenses\nincurred by the secured party.\n\ne. Duties to secured party not affected. This section does not determine whether\nan account debtor, bank, or other person obligated on collateral owes a duty to\na secured party.\n\nHISTORY: 1964, c. 219, \u00a7 8.9-502; 1973, c. 509; 2000, c. 1007; 2012, c. 155.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}