---
title: O.C.G.A. § 11-9-605. Unknown debtor or secondary obligor.
collection: code
id: 11-9-605
cite_as: O.C.G.A. § 11-9-605 (2025)
canonical_url: https://georgiacommons.org/code/11-9-605
md_url: https://georgiacommons.org/code/11-9-605.md
text_url: https://georgiacommons.org/code/11-9-605/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t11-(v9)-pdf.pdf?sfvrsn=df925151_0#page=139
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/11-9.md
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCIAL CODE / SECURED TRANSACTIONS / DEFAULT / Default and Enforcement of Security Interest
---

# O.C.G.A. § 11-9-605. Unknown debtor or secondary obligor.

(a) In general: no duty owed by secured party. Except as provided in subsection (b) of this Code section, a secured party does not owe a duty based on its status as secured party:

(1) To a person that is a debtor or obligor, unless the secured party knows:

(A) That the person is a debtor or obligor;

(B) The identity of the person; and

(C) How to communicate with the person; or

(2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:

(A) That the person is a debtor; and

(B) The identity of the person.

(b) Exception: secured party owes duty to debtor or obligor.

A secured party owes a duty based on its status as a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later:

(1) The person is a debtor or obligor; and

(2) The secured party knows that the information in subparagraphs (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded.

## History

Code 1981, § 11-9-605, enacted by Ga. L. 2001, p. 362, § 1; Ga. L. 2024, p. 817, § 5-71/HB 1240, effective July 1, 2024.

## Editor's Notes

Ga. L. 2024, p. 817, § 1-1/HB 1240, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Uniform Commercial Code Modernization Act of 2024.’”

Ga. L. 2024, p. 817, § 1-2/HB 1240, not codified by the General Assembly, provides: “Nothing in this Act shall be construed to support, endorse, create, or implement a national digital currency.”

## Amendments

The 2024 amendment, effective July 1, 2024, designated the existing provisions of this Code section as subsection (a); substituted “In general: no duty owed by secured party. Except as provided in subsection (b) of this Code section, a secured party” for “A secured party” near the beginning of subsection (a); and added subsection (b).