New Jersey § 12a:9-626
Full text of New Jersey New Jersey Statutes § 12a:9-626, with citation guidance and answers to common questions.
§ 12a:9-626.
(a) Applicable rules if amount of deficiency or surplus in issue. In an action arising from a transaction in which the amount of a deficiency or surplus
is in issue, the following rules apply: (1) A secured party need not prove compliance with the provisions of this part relating
to collection, enforcement, disposition, or acceptance unless the debtor or a secondary
obligor places the secured party's compliance in issue. (2) If the secured party's compliance is placed in issue, the secured party has the
burden of establishing that the collection, enforcement, disposition, or acceptance
was conducted in accordance with this part. (3) Except as otherwise provided in 12A:9-628, if a secured party fails to prove that
the collection, enforcement, disposition, or acceptance was conducted in accordance
with the provisions of this part relating to collection, enforcement, disposition,
or acceptance, the liability of a debtor or a secondary obligor for a deficiency is
limited to an amount by which the sum of the secured obligation, expenses, and attorney's
fees exceeds the greater of: (A) the proceeds of the collection, enforcement, disposition, or acceptance; or (B) the amount of proceeds that would have been realized had the noncomplying secured
party proceeded in accordance with the provisions of this part relating to collection,
enforcement, disposition, or acceptance. (4) For purposes of paragraph (3) (B) , the amount of proceeds that would have been realized is equal to the sum of the
secured obligation, expenses, and attorney's fees unless the secured party proves
that the amount is less than that sum. (5) If a deficiency or surplus is calculated under 12A:9-615 (f) , the debtor or obligor has the burden of establishing that the amount of proceeds
of the disposition is significantly below the range of prices that a complying disposition
to a person other than the secured party, a person related to the secured party, or
a secondary obligor would have brought.
Frequently Asked Questions About New Jersey § 12a:9-626
What does New Jersey Statutes § 12a:9-626 cover?
Section 12a:9-626 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 12a:9-626?
A common citation format is "New Jersey Statutes § 12a:9-626" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 12a:9-626 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.