Nevada Code § 104.9616

Explanation of calculation of surplus or deficiency
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1. In this section:
(a) Explanation means a record that:
(1) States the amount of the surplus or
deficiency;
(2) Provides an explanation in accordance
with subsection 3 of how the secured party calculated the surplus or
deficiency;
(3) States, if applicable, that future
debits, credits, charges, including additional credit service charges or
interest rebates, and expenses may affect the amount of the surplus or deficiency;
and
(4) Provides a telephone number or mailing
address from which additional information concerning the transaction is
available.
(b) Request means a record:
(1) Signed by a debtor or consumer
obligor;
(2) Requesting that the recipient provide
an explanation; and
(3) Sent after disposition of the
collateral under NRS 104.9610 .
2. In a consumer-goods transaction in
which the debtor is entitled to a surplus or a consumer obligor is liable for a
deficiency under NRS 104.9615 , the
secured party shall:
(a) Send an explanation to the debtor or consumer
obligor, as applicable, after the disposition and:
(1) Before or when the secured party
accounts to the debtor and pays any surplus or first makes demand in a record
on the consumer obligor after the disposition for payment of the deficiency;
and
(2) Within 14 days after receipt of a
request; or
(b) In the case of a consumer obligor who is
liable for a deficiency, within 14 days after receipt of a request, send to the
consumer obligor a record waiving the secured partys right to a deficiency.
3. To comply with subparagraph (2) of
paragraph (a) of subsection 1, an explanation must provide the following
information in the following order:
(a) The aggregate amount of obligations secured
by the security interest under which the disposition was made, and, if the
amount reflects a rebate of unearned interest or credit service charge, an
indication of that fact, calculated as of a specified date:
(1) If the secured party takes or receives
possession of the collateral after default, not more than 35 days before the
secured party takes or receives possession; or
(2) If the secured party takes or receives
possession of the collateral before default or does not take possession of the
collateral, not more than 35 days before the disposition;
(b) The amount of proceeds of the disposition;
(c) The aggregate amount of the obligations after
deducting the amount of proceeds;
(d) The amount, in the aggregate or by type, and
types of expenses, including expenses of retaking, holding, preparing for
disposition, processing and disposing of the collateral, and attorneys fees secured
by the collateral which are known to the secured party and relate to the
current disposition;
(e) The amount, in the aggregate or by type, and
types of credits, including rebates of interest or credit service charges, to
which the obligor is known to be entitled and which are not reflected in the
amount in paragraph (a); and
(f) The amount of the surplus or deficiency.
4. A particular phrasing of the
explanation is not required. An explanation complying substantially with the
requirements of paragraph (a) of subsection 1 is sufficient, even if it
includes minor errors that are not seriously misleading.
5. A debtor or consumer obligor is
entitled without charge to one response to a request under this section during
any 6-month period in which the secured party did not send to the debtor or
consumer obligor an explanation pursuant to paragraph (a) of subsection 2. The
secured party may require payment of a charge not exceeding $25 for each
additional response.

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