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Javier Morales

UCC § 9-607(b) rights after debtor default - can secured party collect from account debtors directly?

Running into a situation where my borrower defaulted on their equipment loan and I need to understand my rights under UCC § 9-607(b). The collateral includes accounts receivable and I'm wondering if I can notify the account debtors directly to start collecting payments to me instead of the defaulted debtor. The loan docs reference this section but I want to make sure I'm interpreting it correctly before sending notices. Has anyone dealt with § 9-607(b) collection rights? I filed the UCC-1 properly 18 months ago covering equipment and accounts, so perfection shouldn't be an issue. Just need clarity on the notification process and whether there are any practical pitfalls I should watch for.

Yes, § 9-607(b) gives you the right to notify account debtors to pay you directly after default. You don't need court approval - it's a self-help remedy. Just make sure your UCC-1 actually covers the accounts and that your security agreement grants you collection rights. The notification has to identify the accounts and provide payment instructions.

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This is exactly right. I've used § 9-607(b) several times and it's pretty straightforward. The key is making sure your paperwork is solid before you start sending notices to account debtors.

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What happens if the account debtor ignores the notice? Do you have to sue them separately or does the UCC give you other remedies?

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Been down this road before and § 9-607(b) worked great for us. BUT make absolutely sure your security agreement actually grants collection rights and that accounts are properly described in your UCC-1. We had one deal where the collateral description was too narrow and it created problems later.

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Good point about the security agreement language. I'm pretty sure we have standard collection rights clauses but I'll double-check the exact wording before proceeding.

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Yeah, the UCC-1 collateral description needs to be broad enough to cover accounts. "All accounts" usually works but some states are picky about specificity.

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I actually ran into a similar situation last year and ended up using Certana.ai to verify all my UCC documents were consistent before starting collection. You can upload your security agreement and UCC-1 and it checks whether everything aligns properly - caught a small discrepancy in our debtor name that could have been a problem. Really saved us time vs manually cross-checking everything.

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Interesting - I hadn't heard of that tool. How does it work exactly? Just upload PDFs and it compares them?

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Yeah exactly - you upload your loan docs and UCC filings and it automatically flags any inconsistencies in debtor names, collateral descriptions, etc. Super quick way to make sure everything matches up before you exercise remedies.

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That sounds really useful for avoiding those technical gotchas that can derail collection efforts.

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One thing to watch out for - make sure you understand what constitutes proper notification under § 9-607(b). Some account debtors will try to claim they never got proper notice or that it was defective. I always send certified mail with return receipt to create a paper trail.

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Good practice. The UCC doesn't specify the notification method but certified mail is definitely the safest approach.

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What about email notification? Is that sufficient or do you need hard copy?

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I wouldn't rely on email alone. Hard copy certified mail gives you the best evidence if you need to prove proper notification later.

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Make sure you also understand the account debtor's rights under § 9-607(b). They can still raise defenses they had against your debtor - like disputes over the underlying goods or services. You're stepping into your debtor's shoes for collection but you don't get better rights than they had.

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That's a really important point I hadn't fully considered. So if there are quality disputes or other issues between my debtor and their customers, those could affect my collection efforts.

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Exactly. You collect subject to defenses and claims. That's why it's often helpful to know something about your debtor's business relationships before you start collection.

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ugh I hate dealing with accounts receivable collection. seems like there's always some dispute or excuse why the account debtor won't pay. equipment repossession is so much cleaner.

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I hear you but accounts can be really valuable collateral if you know how to work with them. Just takes more patience than repo.

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true I guess. just feels like more hassle for the same recovery sometimes.

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One more practical tip - consider whether you want to collect directly or just use the § 9-607(b) notice as leverage to get your debtor to cure the default. Sometimes the threat of intercepting their receivables is enough to motivate payment without actually having to manage collection yourself.

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That's actually a really smart approach. The administrative burden of collecting from multiple account debtors could be significant.

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Yeah we've done that before - sent the § 9-607(b) notices but gave the debtor 10 days to cure before they take effect. Often gets them to the table.

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Exactly. It's a powerful tool even if you don't actually want to become a collection agency.

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Does anyone know if there are any state law variations on § 9-607(b) rights? I thought the UCC was uniform but I've heard some states have quirks.

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The basic § 9-607(b) rights are pretty uniform but there can be variations in notice requirements or procedural details. Best to check your state's version.

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Louisiana doesn't follow Article 9 at all so they're completely different. Most other states are pretty similar though.

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Just want to echo the earlier comment about document verification. I had a deal where we thought everything was perfect but there was a tiny discrepancy in how the debtor name appeared on different docs. Certana.ai caught it immediately when I uploaded everything - would have been a nightmare to discover during collection.

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Yeah I'm definitely going to check that out. Better to catch issues upfront than in the middle of collection efforts.

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How long does that verification process take? Is it instant or do you have to wait?

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It's really fast - just upload your PDFs and it shows you any inconsistencies right away. Takes like 2 minutes total.

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Thanks everyone - this has been really helpful. I feel much more confident about proceeding with § 9-607(b) collection now. Going to verify my docs first then send out the notices. Will update if I run into any issues.

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Good luck! § 9-607(b) is a powerful tool when used correctly.

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Keep us posted on how it goes. Always good to hear real-world experiences with collection remedies.

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Just wanted to add - when you're preparing your § 9-607(b) notices, make sure to include clear payment instructions and a contact person. I've seen cases where account debtors were willing to pay but didn't know exactly where to send the money or who to call with questions. Also consider timing - if your debtor's customers typically pay net 30 or net 60, factor that into your collection timeline. The notices redirect future payments but won't magically accelerate existing payment terms.

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That's a really practical point about the payment timing. I hadn't thought about how existing payment terms would still apply even after sending the § 9-607(b) notices. So if an invoice was already outstanding on net 30 terms, I'd still have to wait for that payment cycle to complete - the notice just redirects where the payment goes, not when it's due.

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Excellent point about the payment instructions! I learned this the hard way when account debtors started calling our debtor asking where to send payments after getting our notice. Created confusion and delayed collections. Now I always include a dedicated contact number and specific wire/ACH instructions in every § 9-607(b) notice. Also helps to mention in the notice that they should NOT send payments to the original debtor anymore.

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One more consideration when using § 9-607(b) - make sure you have a plan for handling partial payments and disputes from account debtors. In my experience, you'll often get calls from confused customers who received your notice but have legitimate questions about invoice discrepancies or want to dispute charges. Having a clear process for handling these situations upfront will save you headaches later. Also consider whether you want to offer any payment accommodations (like payment plans) that your original debtor might have provided - you're not obligated to, but maintaining goodwill with the account debtors can improve your collection rates.

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