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Chapter 5

Form 5-8

Letter to Debtor Giving Notice of Deficiency after Sale

[Date]

[Name and address of debtor]

Re:   [description of collateral, note, and security agreement]

[Salutation]

I have been retained as attorney for [name of creditor].

On [date of repossession], under the terms of the referenced note and security agree­ment and because of your default under their terms, my client repossessed the referenced col­lateral.

After giving proper notice, my client sold this collateral for $[amount], incurred expenses of sale of $[amount], and realized a net amount of $[amount].

After you are given full credit for this net amount realized, there remains a deficiency under the terms and conditions of the note of $[amount].

Please forward payment of the full amount of the deficiency under the terms of the agreement to my office immediately. I have been instructed that, unless I receive a certified check, cashier’s check, or money order for the full amount of the deficiency on or before [number] days after the date of this letter, I am to take whatever legal action is necessary to protect my client’s interests.

Enclosed is an addressed, postage-paid envelope for your payment.

Sincerely yours,

   
[Name of attorney]

Certified Mail No. [number]

Return Receipt Requested

Enc.

c:   [name of creditor]