{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.9A-626.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.9A-626.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.9A-626.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.9A-626.html"}],"law_id":77315,"edition_id":1,"section_id":77315,"structure_id":15991,"section_number":"8.9A-626","catch_line":"Action in which deficiency or surplus is in issue","history":"2000, c. 1007.","full_text":"Applicable rules if amount of deficiency or surplus in issue. In an action arising from a transaction in which the amount of a deficiency or surplus is in issue, the following rules apply:\n\n1\n\nA secured party need not prove compliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party’s compliance in issue.2\n\nIf the secured party’s compliance is placed in issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with this part.3\n\nExcept as otherwise provided in \u00a7 8.9A-628, if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance, the liability of a debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorney’s fees exceeds the greater of:A\n\nthe proceeds of the collection, enforcement, disposition, or acceptance; orB\n\nthe amount of proceeds that would have been realized had the noncomplying secured party proceeded in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance.4\n\nFor purposes of subsection (3) (B), the amount of proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorney’s fees unless the secured party proves that the amount is less than that sum.5\n\nIf a deficiency or surplus is calculated under § 8.9A-615 (f), the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought.","order_by":null,"text":{"0":{"id":277302,"text":"Applicable rules if amount of deficiency or surplus in issue. In an action arising from a transaction in which the amount of a deficiency or surplus is in issue, the following rules apply:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":277303,"text":"A secured party need not prove compliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party’s compliance in issue.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":277304,"text":"If the secured party’s compliance is placed in issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with this part.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":277305,"text":"Except as otherwise provided in \u00a7 8.9A-628, if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance, the liability of a debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorney’s fees exceeds the greater of:","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3A"},"4":{"id":277306,"text":"the proceeds of the collection, enforcement, disposition, or acceptance; or","type":"section","prefixes":["3","A"],"prefix":"A","entire_prefix":"3A","prefix_anchor":"3A","level":2,"prior_prefix":"3","next_prefix":"3B"},"5":{"id":277307,"text":"the amount of proceeds that would have been realized had the noncomplying secured party proceeded in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance.","type":"section","prefixes":["3","B"],"prefix":"B","entire_prefix":"3B","prefix_anchor":"3B","level":2,"prior_prefix":"3A","next_prefix":"4"},"6":{"id":277308,"text":"For purposes of subsection (3) (B), the amount of proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorney’s fees unless the secured party proves that the amount is less than that sum.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3B","next_prefix":"5"},"7":{"id":277309,"text":"If a deficiency or surplus is calculated under § 8.9A-615 (f), the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"ancestry":[{"id":15991,"edition_id":1,"name":"Noncompliance With Title","identifier":"2","label":"subpart","depth":3,"order_by":1,"parent_id":15262,"metadata":{},"date_created":"2026-06-26 04:03:18","date_modified":"2026-06-26 04:03:18","permalink":{"id":284393,"object_type":"structure","relational_id":15991,"identifier":"2","token":"8.9A\/6\/2","url":"\/8.9A\/6\/2\/","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":62405,"structure_id":15991,"section_number":"8.9A-625","catch_line":"Remedies for secured party's failure to comply with title","url":"\/8.9A-625\/","token":"8.9A\/6\/2\/8.9A-625","metadata":false},{"id":77315,"structure_id":15991,"section_number":"8.9A-626","catch_line":"Action in which deficiency or surplus is in issue","url":"\/8.9A-626\/","token":"8.9A\/6\/2\/8.9A-626","metadata":false},{"id":64205,"structure_id":15991,"section_number":"8.9A-627","catch_line":"Determination of whether conduct was commercially reasonable","url":"\/8.9A-627\/","token":"8.9A\/6\/2\/8.9A-627","metadata":false},{"id":71391,"structure_id":15991,"section_number":"8.9A-628","catch_line":"Nonliability and limitation on liability of secured party; liability of secondary obligor","url":"\/8.9A-628\/","token":"8.9A\/6\/2\/8.9A-628","metadata":false}],"previous_section":{"id":62405,"structure_id":15991,"section_number":"8.9A-625","catch_line":"Remedies for secured party's failure to comply with title","url":"\/8.9A-625\/","token":"8.9A\/6\/2\/8.9A-625","metadata":false},"next_section":{"id":64205,"structure_id":15991,"section_number":"8.9A-627","catch_line":"Determination of whether conduct was commercially reasonable","url":"\/8.9A-627\/","token":"8.9A\/6\/2\/8.9A-627","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.9A-626\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 1007<\/a> 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.<\/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":62405,"section_number":"8.9A-625","catch_line":"Remedies for secured party's failure to comply with title","order_by":null,"url":"\/8.9A-625\/"}],"refers_to":[{"id":63326,"section_number":"8.9A-615","catch_line":"Application of proceeds of disposition; liability for deficiency and right to surplus","order_by":null,"url":"\/8.9A-615\/"},{"id":71391,"section_number":"8.9A-628","catch_line":"Nonliability and limitation on liability of secured party; liability of secondary obligor","order_by":null,"url":"\/8.9A-628\/"}],"permalink":{"id":284399,"object_type":"law","relational_id":77315,"identifier":"8.9A-626","token":"8.9A\/6\/2\/8.9A-626","url":"\/8.9A-626\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.9A-626\/","token":"8.9A\/6\/2\/8.9A-626","dublin_core":{"Title":"Action in which deficiency or surplus is in issue","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.9A-626","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Applicable rules if amount of deficiency or surplus in issue<\/span>. In an action arising from a transaction in which the amount of a deficiency or surplus is in issue<\/span>, the following rules apply:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A secured party<\/span> need not prove compliance with the provisions of this part relating to collection, enforcement, disposition<\/span>, or acceptance unless the debtor or a secondary obligor places the secured party<\/span>’s compliance in issue<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the secured party<\/span>’s compliance is placed in issue<\/span>, the secured party<\/span> has the burden of establishing that the collection, enforcement, disposition<\/span>, or acceptance was conducted in accordance with this part. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Except as otherwise provided in \u00a7 8.9A-628<\/a>, if a secured party<\/span> fails to prove that the collection, enforcement, disposition<\/span>, or acceptance was conducted in accordance with the provisions of this part relating to collection, enforcement, disposition<\/span>, or acceptance, the liability of a debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorney’s fees exceeds the greater of: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> the proceeds of the collection, enforcement, disposition<\/span>, or acceptance; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> the amount of proceeds that would have been realized had the noncomplying secured party<\/span> proceeded in accordance with the provisions of this part relating to collection, enforcement, disposition<\/span>, or acceptance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> For purposes of subsection (3) (B), the amount of proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorney’s fees unless the secured party<\/span> proves that the amount is less than that sum. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If a deficiency or surplus is calculated under § 8.9A-615<\/a> (f), the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition<\/span> is significantly below the range of prices that a complying disposition<\/span> to a person other than the secured party<\/span>, a person related to the secured party<\/span>, or a secondary obligor would have brought. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACTION IN WHICH DEFICIENCY OR SURPLUS IS IN ISSUE (\u00a7 8.9A-626)\n\nApplicable rules if amount of deficiency or surplus in issue. In an action\narising from a transaction in which the amount of a deficiency or surplus is in\nissue, the following rules apply:\n\n1. A secured party need not prove compliance with the provisions of this part\nrelating to collection, enforcement, disposition, or acceptance unless the\ndebtor or a secondary obligor places the secured party’s compliance in\nissue.\n\n2. If the secured party’s compliance is placed in issue, the secured party\nhas the burden of establishing that the collection, enforcement, disposition, or\nacceptance was conducted in accordance with this part.\n\n3. Except as otherwise provided in \u00a7 8.9A-628, if a secured party fails to\nprove that the collection, enforcement, disposition, or acceptance was conducted\nin accordance with the provisions of this part relating to collection,\nenforcement, disposition, or acceptance, the liability of a debtor or a\nsecondary obligor for a deficiency is limited to an amount by which the sum of\nthe secured obligation, expenses, and attorney’s fees exceeds the greater\nof:\n\n A. the proceeds of the collection, enforcement, disposition, or acceptance; or\n\n B. the amount of proceeds that would have been realized had the noncomplying\n secured party proceeded in accordance with the provisions of this part\n relating to collection, enforcement, disposition, or acceptance.\n\n4. For purposes of subsection (3) (B), the amount of proceeds that would have\nbeen realized is equal to the sum of the secured obligation, expenses, and\nattorney’s fees unless the secured party proves that the amount is less\nthan that sum.\n\n5. If a deficiency or surplus is calculated under § 8.9A-615 (f), the\ndebtor or obligor has the burden of establishing that the amount of proceeds of\nthe disposition is significantly below the range of prices that a complying\ndisposition to a person other than the secured party, a person related to the\nsecured party, or a secondary obligor would have brought.\n\nHISTORY: 2000, c. 1007.","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}}