W. Va. Code § 46-9-613

Contents and form of notification before disposition of collateral: general.

Except in a consumer-goods transaction, the following rules apply:

  1. (1) The contents of a notification of disposition are sufficient if the notification:

    1. (A) Describes the debtor and the secured party;
    2. (B) Describes the collateral that is the subject of the intended disposition;
    3. (C) States the method of intended disposition;
    4. (D) States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and
    5. (E) States the time and place of a public disposition or the time after which any other disposition is to be made.
  2. (2) Whether the contents of a notification that lacks any of the information specified in paragraph (1) of this section are nevertheless sufficient is a question of fact.
  3. (3) The contents of a notification providing substantially the information specified in paragraph (1) of this section are sufficient, even if the notification includes:

    1. (A) Information not specified by that paragraph; or
    2. (B) Minor errors that are not seriously misleading.
  4. (4) A particular phrasing of the notification is not required.
  5. (5) The following form of notification and the form appearing in section 9-614(3), when completed, each provides sufficient information:

    NOTIFICATION OF DISPOSITION OF COLLATERAL

    To:

    From:

    Name of Debtor(s):

    For a public disposition:

    We will sell or [lease or license, as applicable] the to the highest qualified bidder in public as follows:

    Day and Date: ____________

    Time:____________

    Place:____________

    For a private disposition:

    We will sell [or lease or license, as applicable] the privately sometime after.

    You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell [or lease or license, as applicable] for a charge of $ __________. You may request an accounting by calling us at.

    [End of Form]

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