Section 28:9-502 - Collection rights of secured party

Collection rights of secured party

(1) When so agreed and in any event on default the secured party is entitled to notify an account debtor or the obligor on an instrument to make payment to him whether or not the assignor was theretofore making collections on the collateral, and also to take control of any proceeds to which he is entitled under section 28:9-306.

(2) A secured party who by agreement is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor and who undertakes to collect from the account debtors or obligors must proceed in a commercially reasonable manner and may deduct his reasonable expenses of realization from the collections. If the security agreement secures an indebtedness, the secured party must account to the debtor for any surplus, and unless otherwise agreed, the debtor is liable for any deficiency. But, if the underlying transaction was a sale of accounts or chattel paper, the debtor is entitled to any surplus or is liable for any deficiency only if the security agreement so provides.

CREDIT(S)

(Dec. 30, 1963, 77 Stat. 766, Pub. L. 88-243, § 1; Mar. 16, 1982, D.C. Law 4-85, § 37, 29 DCR 309.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 28:9-502.
1973 Ed., § 28:9-502.
Legislative History of Laws
For legislative history of D.C. Law 4-85, see Historical and Statutory Notes following § 28:9-102.
For Law 13-201, see notes following § 28:9-101.

Current through September 13, 2012