What you get
- An editable Word document, drafted from your answers and the state's published law.
- A proof of sources: every citation in the draft with the words it quotes, the source and whether it is the official text, the date the text was saved and its fingerprint.
- Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.
What the intake asks
Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.
The case
- Debtor's full legal name
- The case
- Creditor
The debt and the agreement
- The collateral
- The debt and the proposed terms
- Statement of intention
- Budget
- The attorney's certification
Delivery
- Who the letter goes to
- Last date to file the agreement
- Delivery
Signature
- Signing attorney
- Other instructions or open decisions
Where it is offered
Every state Lawsmith has sources for:
CaliforniaConnecticutDelawareDistrict of ColumbiaFloridaMarylandMassachusettsNew JerseyNew YorkOhioPennsylvaniaTexasVirginia
Sources on file
The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from its government publisher and dated, and labelled official only where the state designates that text official.
| State | Sources for this document |
|---|---|
| California | 26 |
| Connecticut | 22 |
| Delaware | 22 |
| District of Columbia | 22 |
| Florida | 21 |
| Maryland | 25 |
| Massachusetts | 23 |
| New Jersey | 22 |
| New York | 24 |
| Ohio | 22 |
| Pennsylvania | 26 |
| Texas | 22 |
| Virginia | 21 |
Among them, for New Jersey:
- N.J.S.A. 2A:17-19: amount of personal property reserved from execution
- N.J.S.A. 2A:26-4: property exempt from attachment
- N.J.S.A. 12A:9-609 Secured party's right to take possession after default.
- N.J.S.A. 12A:9-610 Disposition of collateral after default.
- N.J.S.A. 12A:9-611 Notification before disposition of collateral.
The law on file, state by state
What the drafter reads for this document in each state, from the publisher's own pages. A listed text is on file; whether it governs your matter is your call. The collection does not establish complete legal coverage.
California
- U.S. Bankruptcy Court, C.D. Cal., Local Bankruptcy Rules 4001-1 through 4008-1 (stay motions; reaffirmation agreements) court rule
Central District of California local rules: LBR 4001-1 applies LBR 9013-1 through 9013-4 to stay motions, requires the mandatory F 4001-1 series of form motions and orders, sets service rules by motion type,…
- Cal. Com. Code § 9610. Disposition of collateral after default statute
California enactment of UCC 9-610: after default a secured party may sell, lease, license or otherwise dispose of any or all of the collateral in its present condition or after commercially reasonable preparation, and…
- Cal. Com. Code § 9611. Notification before disposition of collateral statute
California enactment of UCC 9-611: a secured party that disposes of collateral under § 9610 must send a reasonable signed notification of disposition to the debtor and any secondary obligor and, when the collateral is…
- Cal. Com. Code § 9614. Contents and form of notification before disposition of collateral: consumer-goods transaction statute
California enactment of UCC 9-614 for consumer-goods transactions: the notification of disposition must give the general information required by § 9613, describe any deficiency liability of the recipient, give a…
- Cal. Com. Code § 9623. Right to redeem collateral statute
California enactment of UCC 9-623: the debtor, any secondary obligor, or any other secured party or lienholder may redeem the collateral by tendering fulfillment of all obligations it secures plus the reasonable…
- Cal. Civ. Code § 2983.2. Notice of intent to dispose of repossessed or surrendered motor vehicle; accounting statute
California text (Automobile Sales Finance Act): at least 15 days' written notice of intent to dispose of a repossessed or surrendered motor vehicle must be given to everyone liable on the conditional sale contract, and,…
- Cal. Civ. Code § 2983.3. Default; bankruptcy not a default; right to reinstate after repossession statute
California text (Automobile Sales Finance Act): without a default the holder may not accelerate or repossess, and neither the buyer's bankruptcy filing nor status as a debtor in bankruptcy is a default or a basis for…
- Cal. Code Civ. Proc. § 703.140. Exemptions in bankruptcy; election between systems statute
California has opted out of the federal exemptions (§703.130), so the choice is the ordinary §704 exemptions or the §703.140(b) set: federal-style, larger wildcard, smaller homestead.
- Cal. Code Civ. Proc. § 704.010. Motor vehicle exemption statute
The motor vehicle exemption under the section 704 system, to the amount the section states. Compare against the 703.140 vehicle exemption when advising on the election.
- Cal. Code Civ. Proc. § 704.020. Household furnishings and personal effects exemption statute
Household furnishings, appliances, provisions, wearing apparel and other personal effects are exempt if ordinarily and reasonably necessary to and personally used by the debtor and family at the principal residence,…
Connecticut
- Conn. Gen. Stat. § 42a-9-610. Disposition of collateral after default. statute
Connecticut enactment of UCC 9-610: after default a secured party may sell, lease, license or otherwise dispose of any or all of the collateral in its present condition or after commercially reasonable preparation, and…
- Conn. Gen. Stat. § 42a-9-611. Notification before disposition of collateral. statute
Connecticut enactment of UCC 9-611: a secured party that disposes of collateral under § 42a-9-610 must send a reasonable authenticated notification of disposition to the debtor and any secondary obligor and, when the…
- Conn. Gen. Stat. § 42a-9-614. Contents and form of notification before disposition of collateral: consumer-goods transaction. statute
Connecticut enactment of UCC 9-614 for consumer-goods transactions: the notification of disposition must give the general information required by § 42a-9-613, describe any deficiency liability of the recipient, give a…
- Conn. Gen. Stat. § 42a-9-623. Right to redeem collateral. statute
Connecticut enactment of UCC 9-623: the debtor, any secondary obligor, or any other secured party or lienholder may redeem the collateral by tendering fulfillment of all obligations it secures plus the reasonable…
- Conn. Gen. Stat. § 36a-785. Foreclosure: repossession, redemption, resale and deficiency under retail installment contracts. statute
Connecticut text (retail installment sales financing): on the buyer's default the holder may retake the goods without breach of the peace or by legal process, but a Chapter 7 bankruptcy filing by a retail buyer of a…
- Conn. Gen. Stat. § 42a-9-609. Secured party's right to take possession after default. Use of electronic self-help restricted. statute
Connecticut enactment of UCC 9-609: after default a secured party may take possession of the collateral and, without removal, render equipment unusable and dispose of collateral on the debtor's premises;
- Conn. Gen. Stat. § 42a-9-615. Application of proceeds of disposition; liability for deficiency and right to surplus. statute
Connecticut enactment of UCC 9-615: cash proceeds of a disposition go first to the reasonable expenses of retaking, holding, preparing and disposing (and reasonable attorney's fees and legal expenses where the agreement…
- Conn. Gen. Stat. § 42a-9-616. Explanation of calculation of surplus or deficiency. statute
Connecticut enactment of UCC 9-616 for consumer-goods transactions: when the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency, the secured party must send an explanation of the…
- Conn. Gen. Stat. § 52-352b. Exempt property statute
CONNECTICUT'S EXEMPTIONS, and unlike Pennsylvania this state HAS A REAL HOMESTEAD EXEMPTION. Subdivision (21) exempts the exemptioner's homestead, measured as fair market value less any statutory or consensual lien;
Delaware
- 6 Del. C. § 9-610. Disposition of collateral after default. statute
Delaware enactment of UCC 9-610: after default a secured party may sell, lease, license or otherwise dispose of any or all of the collateral in its present condition or after commercially reasonable preparation, and…
- 6 Del. C. § 9-611. Notification before disposition of collateral. statute
Delaware enactment of UCC 9-611: a secured party that disposes of collateral under § 9-610 must send a reasonable signed notification of disposition to the debtor and any secondary obligor and, when the collateral is…
- 6 Del. C. § 9-614. Contents and form of notification before disposition of collateral: consumer-goods transaction. statute
Delaware enactment of UCC 9-614 for consumer-goods transactions: the notification of disposition must give the general information required by § 9-613, describe any deficiency liability of the recipient, give a…
- 6 Del. C. § 9-623. Right to redeem collateral. statute
Delaware enactment of UCC 9-623: the debtor, any secondary obligor, or any other secured party or lienholder may redeem the collateral by tendering fulfillment of all obligations it secures plus the reasonable expenses…
- 10 Del. C. § 4902. Exempt property statute
The specific personal property exempt from execution, attachment and distress for rent: the family Bible, school books and family library, family pictures, a church seat or pew, a burial lot, and all wearing apparel of…
- 10 Del. C. § 4914. Exemptions in bankruptcy and insolvency statute
Delaware has OPTED OUT of the federal scheme: an individual debtor domiciled in Delaware IS NOT ENTITLED TO ELECT the federal exemptions of 11 U.S.C.
- 6 Del. C. § 9-609. Secured party's right to take possession after default. statute
Delaware enactment of UCC 9-609: after default a secured party may take possession of the collateral and, without removal, render equipment unusable and dispose of collateral on the debtor's premises;
- 6 Del. C. § 9-615. Application of proceeds of disposition; liability for deficiency and right to surplus. statute
Delaware enactment of UCC 9-615: cash proceeds of a disposition go first to the reasonable expenses of retaking, holding, preparing and disposing (and reasonable attorney's fees and legal expenses where the agreement…
- 6 Del. C. § 9-616. Explanation of calculation of surplus or deficiency. statute
Delaware enactment of UCC 9-616 for consumer-goods transactions: when the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency, the secured party must send an explanation of the calculation…
District of Columbia
- D.C. Code § 28:9-610. Disposition of collateral after default statute
District of Columbia enactment of UCC 9-610: after default a secured party may sell, lease, license or otherwise dispose of any or all of the collateral in its present condition or after commercially reasonable…
- D.C. Code § 28:9-611. Notification before disposition of collateral statute
District of Columbia enactment of UCC 9-611: a secured party that disposes of collateral under § 28:9-610 must send a reasonable signed notification of disposition to the debtor and any secondary obligor and, when the…
- D.C. Code § 28:9-614. Contents and form of notification before disposition of collateral: consumer-goods transaction statute
District of Columbia enactment of UCC 9-614 for consumer-goods transactions: the notification of disposition must give the general information required by § 28:9-613, describe any deficiency liability of the recipient,…
- D.C. Code § 28:9-623. Right to redeem collateral statute
District of Columbia enactment of UCC 9-623: the debtor, any secondary obligor, or any other secured party or lienholder may redeem the collateral by tendering fulfillment of all obligations it secures plus the…
- D.C. Code § 15-501: exempt property of a householder statute
The District's exemption list for a head of family or householder: $2,575 in one motor vehicle, $425 per item and $8,625 in aggregate in household goods and wearing apparel, an $850 wildcard plus up to $8,075 of the…
- D.C. Code § 28-3812: Limitation on creditors' remedies statute
Covers consumer credit sales, consumer leases and direct installment loans. For thirty days after a payment default THE CREDITOR MAY NOT ACCELERATE, SUE THE DEBTOR OR PROCEED AGAINST THE COLLATERAL, and unless the…
- D.C. Code § 28:9-609. Secured party's right to take possession after default statute
District of Columbia enactment of UCC 9-609: after default a secured party may take possession of the collateral and, without removal, render equipment unusable and dispose of collateral on the debtor's premises;
- D.C. Code § 28:9-615. Application of proceeds of disposition; liability for deficiency and right to surplus statute
District of Columbia enactment of UCC 9-615: cash proceeds of a disposition go first to the reasonable expenses of retaking, holding, preparing and disposing (and reasonable attorney's fees and legal expenses where the…
- D.C. Code § 28:9-616. Explanation of calculation of surplus or deficiency statute
District of Columbia enactment of UCC 9-616 for consumer-goods transactions: when the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency, the secured party must send an explanation of the…
Florida
- Fla. Stat. § 679.610. Disposition of collateral after default. statute
Florida enactment of UCC 9-610: after default a secured party may sell, lease, license or otherwise dispose of any or all of the collateral in its present condition or after commercially reasonable preparation, and…
- Fla. Stat. § 679.611. Notification before disposition of collateral. statute
Florida enactment of UCC 9-611: a secured party that disposes of collateral under s.
- Fla. Stat. § 679.614. Contents and form of notification before disposition of collateral: consumer-goods transaction. statute
Florida enactment of UCC 9-614 for consumer-goods transactions: the notification of disposition must give the general information required by s.
- Fla. Stat. § 679.623. Right to redeem collateral. statute
Florida enactment of UCC 9-623: the debtor, any secondary obligor, or any other secured party or lienholder may redeem the collateral by tendering fulfillment of all obligations it secures plus the reasonable expenses…
- Fla. Stat. § 222.25. Other individual property of natural persons exempt from legal process statute
The personal property exemptions, including a motor vehicle to the stated value, health aids, and the $4,000 personal property exemption available to a debtor who does NOT claim the homestead exemption.
- Fla. Stat. § 679.609. Secured party's right to take possession after default. statute
Florida enactment of UCC 9-609: after default a secured party may take possession of the collateral and, without removal, render equipment unusable and dispose of collateral on the debtor's premises;
- Fla. Stat. § 679.615. Application of proceeds of disposition; liability for deficiency and right to surplus. statute
Florida enactment of UCC 9-615: cash proceeds of a disposition go first to the reasonable expenses of retaking, holding, preparing and disposing (and reasonable attorney's fees and legal expenses where the agreement…
- Fla. Stat. § 679.616. Explanation of calculation of surplus or deficiency. statute
Florida enactment of UCC 9-616 for consumer-goods transactions: when the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency, the secured party must send an explanation of the calculation…
Maryland
- Md. Code, Commercial Law § 9-610. Disposition of collateral after default statute
Maryland enactment of UCC 9-610: after default a secured party may sell, lease, license or otherwise dispose of any or all of the collateral in its present condition or after commercially reasonable preparation, and…
- Md. Code, Commercial Law § 9-611. Notification before disposition of collateral statute
Maryland enactment of UCC 9-611: a secured party that disposes of collateral under § 9-610 must send a reasonable authenticated notification of disposition to the debtor and any secondary obligor and, when the…
- Md. Code, Commercial Law § 9-614. Contents and form of notification before disposition of collateral: consumer-goods transaction statute
Maryland enactment of UCC 9-614 for consumer-goods transactions: the notification of disposition must give the general information required by § 9-613, describe any deficiency liability of the recipient, give a…
- Md. Code, Commercial Law § 9-623. Right to redeem collateral statute
Maryland enactment of UCC 9-623: the debtor, any secondary obligor, or any other secured party or lienholder may redeem the collateral by tendering fulfillment of all obligations it secures plus the reasonable expenses…
- Md. Code, Commercial Law § 12-1021. Credit Grantor Closed End Credit: repossession, redemption and resale statute
Maryland text for loans under the Credit Grantor Closed End Credit provisions: a credit grantor may repossess tangible personal property after default only by legal process or self-help without force;
- Md. Code, Commercial Law § 12-624. Repossession of goods; notices before and after repossession statute
Maryland text (Retail Installment Sales subtitle): the holder may repossess goods sold under an agreement on the buyer's default, only by legal process or by self-help without force;
- Md. Code, Commercial Law § 12-625. Retention of repossessed goods; redemption statute
Maryland text: for 15 days after the post-repossession notice the holder must keep the goods in the county where they were sold or repossessed, and the buyer may redeem and resume the agreement by tendering the…
- Md. Code, Commercial Law § 12-626. Resale of repossessed goods; application of proceeds; deficiency statute
Maryland text: the holder must sell at public auction if the buyer has paid at least half the cash price and requests it in writing within the 15-day period (with a deposit of the lesser of 10 percent of the time…
- Md. Code, Commercial Law § 9-609. Secured party's right to take possession after default statute
Maryland enactment of UCC 9-609: after default a secured party may take possession of the collateral and, without removal, render equipment unusable and dispose of collateral on the debtor's premises;
- Md. Code, Commercial Law § 9-615. Application of proceeds of disposition; liability for deficiency and right to surplus statute
Maryland enactment of UCC 9-615: cash proceeds of a disposition go first to the reasonable expenses of retaking, holding, preparing and disposing (and reasonable attorney's fees and legal expenses where the agreement…
Massachusetts
- Mass. Gen. Laws ch. 255B, § 20B. Repossession of collateral on default; hearing; redemption; disposition; deficiency; insurance proceeds; determination of value statute
Massachusetts text: subject to § 20A, a secured creditor in a consumer credit transaction may repossess without a prior hearing only for a material payment default or substantial impairment of the collateral, without…
- Mass. Gen. Laws ch. 106, § 9-610. Disposition of collateral after default statute
Massachusetts enactment of UCC 9-610: after default a secured party may sell, lease, license or otherwise dispose of any or all of the collateral in its present condition or after commercially reasonable preparation,…
- Mass. Gen. Laws ch. 106, § 9-611. Notification before disposition of collateral statute
Massachusetts enactment of UCC 9-611: a secured party that disposes of collateral under § 9-610 must send a reasonable authenticated notification of disposition to the debtor and any secondary obligor and, when the…
- Mass. Gen. Laws ch. 106, § 9-614. Contents and form of notification before disposition of collateral: consumer-goods transaction statute
Massachusetts enactment of UCC 9-614 for consumer-goods transactions: the notification of disposition must give the general information required by § 9-613, describe any deficiency liability of the recipient, give a…
- Mass. Gen. Laws ch. 106, § 9-623. Right to redeem collateral statute
Massachusetts enactment of UCC 9-623: the debtor, any secondary obligor, or any other secured party or lienholder may redeem the collateral by tendering fulfillment of all obligations it secures plus the reasonable…
- Mass. Gen. Laws ch. 255B, § 20A. Default; enforcement; notice; accelerated payment; curing of default statute
Massachusetts text (motor vehicle retail installment sales): a contract's definition of default is enforceable only for a material failure to pay installments or an event that substantially impairs the collateral, and…
- Mass. Gen. Laws ch. 106, § 9-609. Secured party's right to take possession after default statute
Massachusetts enactment of UCC 9-609: after default a secured party may take possession of the collateral and, without removal, render equipment unusable and dispose of collateral on the debtor's premises;
- Mass. Gen. Laws ch. 106, § 9-615. Application of proceeds of disposition; liability for deficiency and right to surplus statute
Massachusetts enactment of UCC 9-615: cash proceeds of a disposition go first to the reasonable expenses of retaking, holding, preparing and disposing (and reasonable attorney's fees and legal expenses where the…
- Mass. Gen. Laws ch. 106, § 9-616. Explanation of calculation of surplus or deficiency statute
Massachusetts enactment of UCC 9-616 for consumer-goods transactions: when the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency, the secured party must send an explanation of the…
- Mass. Gen. Laws ch. 235, § 34. Property exempt from seizure on execution statute
MASSACHUSETTS'S PERSONAL PROPERTY EXEMPTIONS: necessary clothing and beds, household furniture to the stated value, tools and implements of trade, a motor vehicle to the stated value, cash or savings to the stated…
New Jersey
- N.J.S.A. 12A:9-610 Disposition of collateral after default. statute
New Jersey enactment of UCC 9-610: after default a secured party may sell, lease, license or otherwise dispose of any or all of the collateral in its present condition or after commercially reasonable preparation, and…
- N.J.S.A. 12A:9-611 Notification before disposition of collateral. statute
New Jersey enactment of UCC 9-611: a secured party that disposes of collateral under N.J.S.A.
- N.J.S.A. 12A:9-614 Contents and form of notification before disposition of collateral: consumer-goods transaction. statute
New Jersey enactment of UCC 9-614 for consumer-goods transactions: the notification of disposition must give the general information required by N.J.S.A.
- N.J.S.A. 12A:9-623 Right to redeem collateral. statute
New Jersey enactment of UCC 9-623: the debtor, any secondary obligor, or any other secured party or lienholder may redeem the collateral by tendering fulfillment of all obligations it secures plus the reasonable…
- N.J.S.A. 2A:17-19: amount of personal property reserved from execution statute
Reserves to the debtor, family or estate, goods, chattels, shares of stock and PERSONAL PROPERTY OF EVERY KIND UP TO $1,000, exclusive of wearing apparel, plus all wearing apparel, against execution or civil process out…
- N.J.S.A. 12A:9-609 Secured party's right to take possession after default. statute
New Jersey enactment of UCC 9-609: after default a secured party may take possession of the collateral and, without removal, render equipment unusable and dispose of collateral on the debtor's premises;
- N.J.S.A. 12A:9-615 Application of proceeds of disposition; liability for deficiency and right to surplus. statute
New Jersey enactment of UCC 9-615: cash proceeds of a disposition go first to the reasonable expenses of retaking, holding, preparing and disposing (and reasonable attorney's fees and legal expenses where the agreement…
- N.J.S.A. 12A:9-616 Explanation of calculation of surplus or deficiency. statute
New Jersey enactment of UCC 9-616 for consumer-goods transactions: when the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency, the secured party must send an explanation of the calculation…
- N.J.S.A. 2A:26-4: property exempt from attachment statute
HOUSEHOLD GOODS AND FURNITURE NOT EXCEEDING $1,000 ARE EXEMPT FROM ATTACHMENT, except for a debt incurred in their purchase; confirm the current figure (last amended 1974) before relying on it.
New York
- N.Y. Debtor and Creditor Law § 282: permissible exemptions in bankruptcy statute
New York bankruptcy exemptions incorporate CPLR 5205 and 5206, specified insurance and annuity rights, one motor vehicle and listed benefit or recovery interests.
- N.Y. Personal Property Law § 316. Notice of buyer's redemption rights. statute
New York text (Motor Vehicle Retail Instalment Sales Act): a holder of a motor vehicle installment contract that repossesses the vehicle or accepts its voluntary surrender under UCC Article 9 or the contract must,…
- N.Y. Uniform Commercial Code § 9-610. Disposition of collateral after default. statute
New York enactment of UCC 9-610: after default a secured party may sell, lease, license or otherwise dispose of any or all of the collateral in its present condition or after commercially reasonable preparation, and…
- N.Y. Uniform Commercial Code § 9-611. Notification before disposition of collateral. statute
New York enactment of UCC 9-611: a secured party that disposes of collateral under § 9-610 must send a reasonable signed notification of disposition to the debtor and any secondary obligor and, when the collateral is…
- N.Y. Uniform Commercial Code § 9-614. Contents and form of notification before disposition of collateral: consumer-goods transaction. statute
New York enactment of UCC 9-614 for consumer-goods transactions: the notification of disposition must give the general information required by § 9-613, describe any deficiency liability of the recipient, give a…
- N.Y. Uniform Commercial Code § 9-623. Right to redeem collateral. statute
New York enactment of UCC 9-623: the debtor, any secondary obligor, or any other secured party or lienholder may redeem the collateral by tendering fulfillment of all obligations it secures plus the reasonable expenses…
- N.Y. CPLR 5205: personal property exempt from application to the satisfaction of money judgments statute
New York personal-property exemptions include household goods, tools, vehicles, specified income and retirement interests, with separate conditions and exceptions.
- N.Y. Personal Property Law § 315. Claim for deficiency after default and repossession. statute
New York text (Motor Vehicle Retail Instalment Sales Act): when a buyer defaults and the holder repossesses the motor vehicle and disposes of it under UCC § 9-610, the buyer is liable for any deficiency to the extent…
- N.Y. Uniform Commercial Code § 9-609. Secured party's right to take possession after default. statute
New York enactment of UCC 9-609: after default a secured party may take possession of the collateral and, without removal, render equipment unusable and dispose of collateral on the debtor's premises;
- N.Y. Uniform Commercial Code § 9-615. Application of proceeds of disposition; liability for deficiency and right to surplus. statute
New York enactment of UCC 9-615: cash proceeds of a disposition go first to the reasonable expenses of retaking, holding, preparing and disposing (and reasonable attorney's fees and legal expenses where the agreement…
Ohio
- Ohio Rev. Code § 1309.610. Disposition of collateral after default. statute
Ohio enactment of UCC 9-610: after default a secured party may sell, lease, license or otherwise dispose of any or all of the collateral in its present condition or after commercially reasonable preparation, and every…
- Ohio Rev. Code § 1309.611. Notification before disposition of collateral. statute
Ohio enactment of UCC 9-611: a secured party that disposes of collateral under § 1309.610 must send a reasonable authenticated notification of disposition to the debtor and any secondary obligor and, when the collateral…
- Ohio Rev. Code § 1309.614. Contents and form of notification before disposition of collateral: consumer-goods transaction. statute
Ohio enactment of UCC 9-614 for consumer-goods transactions: the notification of disposition must give the general information required by § 1309.613, describe any deficiency liability of the recipient, give a telephone…
- Ohio Rev. Code § 1309.623. Right to redeem collateral. statute
Ohio enactment of UCC 9-623: the debtor, any secondary obligor, or any other secured party or lienholder may redeem the collateral by tendering fulfillment of all obligations it secures plus the reasonable expenses and…
- Ohio Rev. Code § 2329.66. Exempted interests and rights statute
OHIO'S EXEMPTIONS, and they are generous: a HOMESTEAD exemption in the residence, a motor vehicle, household goods, tools of trade, a wildcard, and full protection for most retirement accounts, all at the amounts this…
- Ohio Rev. Code § 1309.609. Secured party's right to take possession after default. statute
Ohio enactment of UCC 9-609: after default a secured party may take possession of the collateral and, without removal, render equipment unusable and dispose of collateral on the debtor's premises;
- Ohio Rev. Code § 1309.615. Application of proceeds of disposition; liability for deficiency and right to surplus. statute
Ohio enactment of UCC 9-615: cash proceeds of a disposition go first to the reasonable expenses of retaking, holding, preparing and disposing (and reasonable attorney's fees and legal expenses where the agreement…
- Ohio Rev. Code § 1309.616. Explanation of calculation of surplus or deficiency. statute
Ohio enactment of UCC 9-616 for consumer-goods transactions: when the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency, the secured party must send an explanation of the calculation…
- Ohio Rev. Code § 1317.12. Default - notice, curing. statute
Ohio text (Retail Installment Sales Act): when a secured party repossesses collateral for a consumer transaction on default, it must within five business days send the debtor a notice stating the default and an itemized…
Pennsylvania
- 13 Pa.C.S. § 9610. Disposition of collateral after default. statute
Pennsylvania enactment of UCC 9-610: after default a secured party may sell, lease, license or otherwise dispose of any or all of the collateral in its present condition or after commercially reasonable preparation, and…
- 13 Pa.C.S. § 9611. Notification before disposition of collateral. statute
Pennsylvania enactment of UCC 9-611: a secured party that disposes of collateral under § 9610 must send a reasonable signed notification of disposition to the debtor and any secondary obligor and, when the collateral is…
- 13 Pa.C.S. § 9614. Contents and form of notification before disposition of collateral: consumer-goods transaction. statute
Pennsylvania enactment of UCC 9-614 for consumer-goods transactions: the notification of disposition must give the general information required by § 9613, describe any deficiency liability of the recipient, give a…
- 13 Pa.C.S. § 9623. Right to redeem collateral. statute
Pennsylvania enactment of UCC 9-623: the debtor, any secondary obligor, or any other secured party or lienholder may redeem the collateral by tendering fulfillment of all obligations it secures plus the reasonable…
- 12 Pa.C.S. § 6254. Notice of repossession. statute
Pennsylvania text (motor vehicle sales finance, Consumer Credit Code): when a motor vehicle under an installment sale contract is repossessed other than by legal process, the holder must immediately deliver in person or…
- 12 Pa.C.S. § 6258. Reinstatement of contract after repossession. statute
Pennsylvania text: after a motor vehicle under an installment sale contract is repossessed for default, the holder may reinstate the contract and return the vehicle if the buyer pays all past-due installments or makes…
- 12 Pa.C.S. § 6259. Redemption and termination of contract after repossession. statute
Pennsylvania text: after a repossession other than by legal process the holder must keep the vehicle for 15 days after mailing the notice of repossession (unless redemption was waived in a nonconsumer transaction),…
- 12 Pa.C.S. § 6261. Deficiency judgment. statute
Pennsylvania text: if resale proceeds under § 6260 do not cover the repossession expenses, the net contract balance and authorized late charges, the installment seller or holder may recover the deficiency from the buyer…
- 13 Pa.C.S. § 9609. Secured party's right to take possession after default. statute
Pennsylvania enactment of UCC 9-609: after default a secured party may take possession of the collateral and, without removal, render equipment unusable and dispose of collateral on the debtor's premises;
- 13 Pa.C.S. § 9615. Application of proceeds of disposition; liability for deficiency and right to surplus. statute
Pennsylvania enactment of UCC 9-615: cash proceeds of a disposition go first to the reasonable expenses of retaking, holding, preparing and disposing (and reasonable attorney's fees and legal expenses where the…
Texas
- Tex. Bus. & Com. Code § 9.610. Disposition of collateral after default. statute
Texas enactment of UCC 9-610: after default a secured party may sell, lease, license or otherwise dispose of any or all of the collateral in its present condition or after commercially reasonable preparation, and every…
- Tex. Bus. & Com. Code § 9.611. Notification before disposition of collateral. statute
Texas enactment of UCC 9-611: a secured party that disposes of collateral under § 9.610 must send a reasonable authenticated notification of disposition to the debtor and any secondary obligor and, when the collateral…
- Tex. Bus. & Com. Code § 9.614. Contents and form of notification before disposition of collateral: consumer-goods transaction. statute
Texas enactment of UCC 9-614 for consumer-goods transactions: the notification of disposition must give the general information required by § 9.613, describe any deficiency liability of the recipient, give a telephone…
- Tex. Bus. & Com. Code § 9.623. Right to redeem collateral. statute
Texas enactment of UCC 9-623: the debtor, any secondary obligor, or any other secured party or lienholder may redeem the collateral by tendering fulfillment of all obligations it secures plus the reasonable expenses and…
- Tex. Bus. & Com. Code § 9.609. Secured party's right to take possession after default. statute
Texas enactment of UCC 9-609: after default a secured party may take possession of the collateral and, without removal, render equipment unusable and dispose of collateral on the debtor's premises;
- Tex. Bus. & Com. Code § 9.615. Application of proceeds of disposition; liability for deficiency and right to surplus. statute
Texas enactment of UCC 9-615: cash proceeds of a disposition go first to the reasonable expenses of retaking, holding, preparing and disposing (and reasonable attorney's fees and legal expenses where the agreement…
- Tex. Bus. & Com. Code § 9.616. Explanation of calculation of surplus or deficiency. statute
Texas enactment of UCC 9-616 for consumer-goods transactions: when the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency, the secured party must send an explanation of the calculation…
- Tex. Prop. Code § 42.001. Personal property exemption statute
Texas exempts personal property up to an aggregate fair market value that the section states, higher for a family than for a single adult, in addition to the unlimited homestead. Confirm the current figures.
- Tex. Prop. Code § 42.002. Personal property statute
The categories of exempt personal property, which are unusually generous and include home furnishings, farming or ranching vehicles and implements, tools of a trade, two firearms, and livestock in the numbers the…
Virginia
- Va. Code § 34-26: poor debtor's exemption statute
Beyond the Chapter 2 exemptions (§ 34-4 et seq.), a householder holds exempt from creditor process the family Bible, wedding and engagement rings, portraits and heirlooms, a burial lot and preneed funeral contract,…
- Virginia Code § 8.9A-610. Disposition of collateral after default statute
Virginia enactment of UCC 9-610: after default a secured party may sell, lease, license or otherwise dispose of any or all of the collateral in its present condition or after commercially reasonable preparation, and…
- Virginia Code § 8.9A-611. Notification before disposition of collateral statute
Virginia enactment of UCC 9-611: a secured party that disposes of collateral under § 8.9A-610 must send a reasonable signed notification of disposition to the debtor and any secondary obligor and, when the collateral is…
- Virginia Code § 8.9A-614. Contents and form of notification before disposition of collateral: consumer-goods transaction statute
Virginia enactment of UCC 9-614 for consumer-goods transactions: the notification of disposition must give the general information required by § 8.9A-613, describe any deficiency liability of the recipient, give a…
- Virginia Code § 8.9A-623. Right to redeem collateral statute
Virginia enactment of UCC 9-623: the debtor, any secondary obligor, or any other secured party or lienholder may redeem the collateral by tendering fulfillment of all obligations it secures plus the reasonable expenses…
- Virginia Code § 8.9A-609. Secured party's right to take possession after default statute
Virginia enactment of UCC 9-609: after default a secured party may take possession of the collateral and, without removal, render equipment unusable and dispose of collateral on the debtor's premises;
- Virginia Code § 8.9A-615. Application of proceeds of disposition; liability for deficiency and right to surplus statute
Virginia enactment of UCC 9-615: cash proceeds of a disposition go first to the reasonable expenses of retaking, holding, preparing and disposing (and reasonable attorney's fees and legal expenses where the agreement…
- Virginia Code § 8.9A-616. Explanation of calculation of surplus or deficiency statute
Virginia enactment of UCC 9-616 for consumer-goods transactions: when the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency, the secured party must send an explanation of the calculation…
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