{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.9A-611.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.9A-611.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.9A-611.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.9A-611.html"}],"law_id":69700,"edition_id":1,"section_id":69700,"structure_id":15263,"section_number":"8.9A-611","catch_line":"Notification before disposition of collateral","history":"1964, c. 219, \u00a7 8.9-504; 1973, c. 509; 2000, c. 1007; 2024, c. 652.","full_text":"a\n\n“Notification date.” In this section, “notification date” means the earlier of the date on which:1\n\na secured party sends to the debtor and any secondary obligor a signed notification of disposition; or2\n\nthe debtor and any secondary obligor waive the right to notification.b\n\nNotification of disposition required. Except as otherwise provided in subsection (d), a secured party that disposes of collateral under § 8.9A-610 shall send to the persons specified in subsection (c) a reasonable signed notification of disposition.c\n\nPersons to be notified. To comply with subsection (b), the secured party shall send a signed notification of disposition to:1\n\nthe debtor;2\n\nany secondary obligor; and3\n\nif the collateral is other than consumer goods:A\n\nany other person from which the secured party has received, before the notification date, a signed notification of a claim of an interest in the collateral;B\n\nany other secured party or lienholder that, ten days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:i\n\nidentified the collateral;ii\n\nwas indexed under the debtor’s name as of that date; andiii\n\nwas filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; andC\n\nany other secured party that, ten days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in § 8.9A-311 (a).d\n\nSubsection (b) inapplicable; perishable collateral; recognized market. Subsection (b) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.e\n\nCompliance with subsection (c) (3) (B). A secured party complies with the requirement for notification prescribed by subsection (c) (3) (B) if:1\n\nnot later than twenty days or earlier than thirty days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor’s name in the office indicated in subsection (c) (3) (B); and2\n\nbefore the notification date, the secured party:A\n\ndid not receive a response to the request for information; orB\n\nreceived a response to the request for information and sent a signed notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.","order_by":null,"text":{"0":{"id":251961,"text":"“Notification date.” In this section, “notification date” means the earlier of the date on which:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":251962,"text":"a secured party sends to the debtor and any secondary obligor a signed notification of disposition; or","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":251963,"text":"the debtor and any secondary obligor waive the right to notification.","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"b"},"3":{"id":251964,"text":"Notification of disposition required. Except as otherwise provided in subsection (d), a secured party that disposes of collateral under § 8.9A-610 shall send to the persons specified in subsection (c) a reasonable signed notification of disposition.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a2","next_prefix":"c"},"4":{"id":251965,"text":"Persons to be notified. To comply with subsection (b), the secured party shall send a signed notification of disposition to:","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"c1"},"5":{"id":251966,"text":"the debtor;","type":"section","prefixes":["c","1"],"prefix":"1","entire_prefix":"c1","prefix_anchor":"c1","level":2,"prior_prefix":"c","next_prefix":"c2"},"6":{"id":251967,"text":"any secondary obligor; and","type":"section","prefixes":["c","2"],"prefix":"2","entire_prefix":"c2","prefix_anchor":"c2","level":2,"prior_prefix":"c1","next_prefix":"c3"},"7":{"id":251968,"text":"if the collateral is other than consumer goods:","type":"section","prefixes":["c","3"],"prefix":"3","entire_prefix":"c3","prefix_anchor":"c3","level":2,"prior_prefix":"c2","next_prefix":"A"},"8":{"id":251969,"text":"any other person from which the secured party has received, before the notification date, a signed notification of a claim of an interest in the collateral;","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"c3","next_prefix":"B"},"9":{"id":251970,"text":"any other secured party or lienholder that, ten days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"i"},"10":{"id":251971,"text":"identified the collateral;","type":"section","prefixes":["i"],"prefix":"i","entire_prefix":"i","prefix_anchor":"i","level":1,"prior_prefix":"B","next_prefix":"iii"},"11":{"id":251972,"text":"was indexed under the debtor’s name as of that date; and","type":"section","prefixes":["i","ii"],"prefix":"ii","entire_prefix":"iii","prefix_anchor":"iii","level":2,"prior_prefix":"i","next_prefix":"iiii"},"12":{"id":251973,"text":"was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and","type":"section","prefixes":["i","iii"],"prefix":"iii","entire_prefix":"iiii","prefix_anchor":"iiii","level":2,"prior_prefix":"iii","next_prefix":"C"},"13":{"id":251974,"text":"any other secured party that, ten days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in § 8.9A-311 (a).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"iiii","next_prefix":"d"},"14":{"id":251975,"text":"Subsection (b) inapplicable; perishable collateral; recognized market. Subsection (b) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"C","next_prefix":"e"},"15":{"id":251976,"text":"Compliance with subsection (c) (3) (B). A secured party complies with the requirement for notification prescribed by subsection (c) (3) (B) if:","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d","next_prefix":"e1"},"16":{"id":251977,"text":"not later than twenty days or earlier than thirty days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor’s name in the office indicated in subsection (c) (3) (B); and","type":"section","prefixes":["e","1"],"prefix":"1","entire_prefix":"e1","prefix_anchor":"e1","level":2,"prior_prefix":"e","next_prefix":"e2"},"17":{"id":251978,"text":"before the notification date, the secured party:","type":"section","prefixes":["e","2"],"prefix":"2","entire_prefix":"e2","prefix_anchor":"e2","level":2,"prior_prefix":"e1","next_prefix":"A"},"18":{"id":251979,"text":"did not receive a response to the request for information; or","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"e2","next_prefix":"B"},"19":{"id":251980,"text":"received a response to the request for information and sent a signed notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.9A-611\/","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 2024, chapter 652<\/a>.<\/p>","references":[{"id":74406,"section_number":"8.9A-602","catch_line":"Waiver and variance of rights and duties","order_by":null,"url":"\/8.9A-602\/"},{"id":86883,"section_number":"8.9A-624","catch_line":"Waiver","order_by":null,"url":"\/8.9A-624\/"}],"refers_to":[{"id":59215,"section_number":"8.9A-311","catch_line":"Perfection of security interests in property subject to certain statutes, regulations, and treaties","order_by":null,"url":"\/8.9A-311\/"},{"id":83035,"section_number":"8.9A-610","catch_line":"Disposition of collateral after default","order_by":null,"url":"\/8.9A-610\/"}],"permalink":{"id":284337,"object_type":"law","relational_id":69700,"identifier":"8.9A-611","token":"8.9A\/6\/1\/8.9A-611","url":"\/8.9A-611\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.9A-611\/","token":"8.9A\/6\/1\/8.9A-611","dublin_core":{"Title":"Notification before disposition of collateral","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.9A-611","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> “Notification date<\/span>.” In this section, “notification date<\/span>” means the earlier of the date on which: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> a secured party<\/span> sends to the debtor and any secondary obligor a signed notification of disposition<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> the debtor and any secondary obligor waive<\/span> the right to notification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Notification of disposition<\/span> required. Except as otherwise provided in subsection (d), a secured party<\/span> that disposes of collateral<\/span> under § 8.9A-610<\/a> shall send to the persons specified in subsection (c) a reasonable signed notification of disposition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Persons to be notified. To comply with subsection (b), the secured party<\/span> shall send a signed notification of disposition<\/span> to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> the debtor; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> any secondary obligor; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> if the collateral<\/span> is other than consumer goods: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> any other person from which the secured party<\/span> has received, before the notification date<\/span>, a signed notification of a claim of an interest in the collateral<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> any other secured party<\/span> or lienholder that, ten days before the notification date<\/span>, held a security interest in or other lien<\/span> on the collateral<\/span> perfected by the filing of a financing statement that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

i.<\/span> identified the collateral<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

ii.<\/span> was indexed under the debtor’s name as of that date; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

iii.<\/span> was filed in the office in which to file a financing statement against the debtor covering the collateral<\/span> as of that date; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> any other secured party<\/span> that, ten days before the notification date<\/span>, held a security interest in the collateral<\/span> perfected by compliance with a statute<\/span>, regulation, or treaty described in § 8.9A-311<\/a> (a). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Subsection (b) inapplicable; perishable collateral<\/span>; recognized market. Subsection (b) does not apply if the collateral<\/span> is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> Compliance with subsection (c) (3) (B). A secured party<\/span> complies with the requirement for notification prescribed by subsection (c) (3) (B) if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> not later than twenty days or earlier than thirty days before the notification date<\/span>, the secured party<\/span> requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor’s name in the office indicated in subsection (c) (3) (B); and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> before the notification date<\/span>, the secured party<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> did not receive a response to the request for information; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> received a response to the request for information and sent a signed notification of disposition<\/span> to each secured party<\/span> or other lienholder named in that response whose financing statement covered the collateral<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTIFICATION BEFORE DISPOSITION OF COLLATERAL (\u00a7 8.9A-611)\n\na. “Notification date.” In this section, “notification\ndate” means the earlier of the date on which:\n\n 1. a secured party sends to the debtor and any secondary obligor a signed\n notification of disposition; or\n\n 2. the debtor and any secondary obligor waive the right to notification.\n\nb. Notification of disposition required. Except as otherwise provided in\nsubsection (d), a secured party that disposes of collateral under §\n8.9A-610 shall send to the persons specified in subsection (c) a reasonable\nsigned notification of disposition.\n\nc. Persons to be notified. To comply with subsection (b), the secured party\nshall send a signed notification of disposition to:\n\n 1. the debtor;\n\n 2. any secondary obligor; and\n\n 3. if the collateral is other than consumer goods:\n\nA. any other person from which the secured party has received, before the\nnotification date, a signed notification of a claim of an interest in the\ncollateral;\n\nB. any other secured party or lienholder that, ten days before the notification\ndate, held a security interest in or other lien on the collateral perfected by\nthe filing of a financing statement that:\n\ni. identified the collateral;\n\n ii. was indexed under the debtor’s name as of that date; and\n\n iii. was filed in the office in which to file a financing statement against\n the debtor covering the collateral as of that date; and\n\nC. any other secured party that, ten days before the notification date, held a\nsecurity interest in the collateral perfected by compliance with a statute,\nregulation, or treaty described in § 8.9A-311 (a).\n\nd. Subsection (b) inapplicable; perishable collateral; recognized market.\nSubsection (b) does not apply if the collateral is perishable or threatens to\ndecline speedily in value or is of a type customarily sold on a recognized\nmarket.\n\ne. Compliance with subsection (c) (3) (B). A secured party complies with the\nrequirement for notification prescribed by subsection (c) (3) (B) if:\n\n 1. not later than twenty days or earlier than thirty days before the\n notification date, the secured party requests, in a commercially reasonable\n manner, information concerning financing statements indexed under the\n debtor’s name in the office indicated in subsection (c) (3) (B); and\n\n 2. before the notification date, the secured party:\n\nA. did not receive a response to the request for information; or\n\nB. received a response to the request for information and sent a signed\nnotification of disposition to each secured party or other lienholder named in\nthat response whose financing statement covered the collateral.\n\nHISTORY: 1964, c. 219, \u00a7 8.9-504; 1973, c. 509; 2000, c. 1007; 2024, c. 652.","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}}