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Auto & Repossession Repossession Defense
Generate this letterStatutory Demand for Explanation of Deficiency Calculation under UCC § 9-616
When to use it
Use when an auto lender asserts a post-repossession deficiency balance but failed to provide an itemized written explanation of how the surplus or deficiency was calculated.
Preview
Bracketed fields are filled in from your account when you generate it.
[CLIENT FULL NAME]
[CLIENT ADDRESS LINE1]
[CLIENT CITY], [CLIENT STATE] [CLIENT ZIP]
DOB: [CLIENT DOB] | SSN (Last 4): [CLIENT SSN LAST4]
Date: [TODAY]
[RECIPIENT NAME]
[RECIPIENT ADDRESS BLOCK]
RE: STATUTORY DEMAND FOR EXPLANATION OF CALCULATION OF DEFICIENCY PURSUANT TO UCC § 9-616 - Account #[ACCOUNT ACCOUNT NUMBER MASKED]
Dear Post-Repossession Accounting Department,
I am writing regarding the repossessed vehicle account #[ACCOUNT ACCOUNT NUMBER MASKED] (Vehicle: [VEHICLE DESCRIPTION]) and your demand for an alleged deficiency balance of [ACCOUNT BALANCE].
STATUTORY DEMAND UNDER UCC § 9-616:
Pursuant to Uniform Commercial Code § 9-616 (Explanation of Calculation of Surplus or Deficiency), an account debtor has an absolute right to receive a detailed written accounting explaining how an alleged deficiency was calculated.
Please provide a formal written accounting disclosing:
1. The gross aggregate amount of the obligation secured by the security interest;
2. The gross proceeds of the sale or disposition on [VEHICLE SALE DATE] (Gross Sale Price: [VEHICLE SALE PRICE]);
3. An itemized breakdown of all reconditioning, towing, storage, and repossession expenses deducted;
4. Credits applied for unearned insurance premiums or extended service warranties; and
5. The exact mathematical calculation yielding the final deficiency amount.
Under UCC § 9-616(c), you MUST send this detailed explanation within 14 days of receiving this request. Failure to comply violates statutory UCC disclosure duties and waives your entitlement to collect.
Sincerely,
[CLIENT FULL NAME]
Sent via Certified Mail, Return Receipt Requested: [LETTER CERTIFIED NUMBER]
Legal basis
UCC § 9-61615 U.S.C. § 1681s-2Enclose
- Copy of deficiency statement
- Government ID
Before you send
- Notice of sale or deficiency statement
Know this first
- UCC § 9-616 strictly requires secured parties to provide a detailed written explanation of deficiency calculation within 14 days of request.
Follow up
Allow about 30 days for a response.