8.9A-210 - A-210. Request for accounting; request regarding list of collateral or statement of account.

§ 8.9A-210. Request for accounting; request regarding list of collateral orstatement of account.

(a) Definitions. In this section:

(1) "Request" means a record of a type described in paragraph (2), (3), or(4).

(2) "Request for an accounting" means a record authenticated by a debtorrequesting that the recipient provide an accounting of the unpaid obligationssecured by collateral and reasonably identifying the transaction orrelationship that is the subject of the request.

(3) "Request regarding a list of collateral" means a record authenticatedby a debtor requesting that the recipient approve or correct a list of whatthe debtor believes to be the collateral securing an obligation andreasonably identifying the transaction or relationship that is the subject ofthe request.

(4) "Request regarding a statement of account" means a record authenticatedby a debtor requesting that the recipient approve or correct a statementindicating what the debtor believes to be the aggregate amount of unpaidobligations secured by collateral as of a specified date and reasonablyidentifying the transaction or relationship that is the subject of therequest.

(b) Duty to respond to requests. Subject to subsections (c), (d), (e), and(f), a secured party, other than a buyer of accounts, chattel paper, paymentintangibles, or promissory notes or a consignor, shall comply with a requestwithin fourteen days after receipt:

(1) in the case of a request for an accounting, by authenticating and sendingto the debtor an accounting; and

(2) in the case of a request regarding a list of collateral or a requestregarding a statement of account, by authenticating and sending to the debtoran approval or correction.

(c) Request regarding list of collateral; statement concerning type ofcollateral. A secured party that claims a security interest in all of aparticular type of collateral owned by the debtor may comply with a requestregarding a list of collateral by sending to the debtor an authenticatedrecord including a statement to that effect within fourteen days afterreceipt.

(d) Request regarding list of collateral; no interest claimed. A person thatreceives a request regarding a list of collateral, claims no interest in thecollateral when it receives the request, and claimed an interest in thecollateral at an earlier time shall comply with the request within fourteendays after receipt by sending to the debtor an authenticated record:

(1) disclaiming any interest in the collateral; and

(2) if known to the recipient, providing the name and mailing address of anyassignee of or successor to the recipient's interest in the collateral.

(e) Request for accounting or regarding statement of account; no interest inobligation claimed. A person that receives a request for an accounting or arequest regarding a statement of account, claims no interest in theobligations when it receives the request, and claimed an interest in theobligations at an earlier time shall comply with the request within fourteendays after receipt by sending to the debtor an authenticated record:

(1) disclaiming any interest in the obligations; and

(2) if known to the recipient, providing the name and mailing address of anyassignee of or successor to the recipient's interest in the obligations.

(f) Charges for responses. A debtor is entitled without charge to oneresponse to a request under this section during any six-month period. Thesecured party may require payment of a charge not exceeding twenty-fivedollars for each additional response.

(1964, c. 219, § 8.9-208; 2000, c. 1007.)