Hello Everyone,
I have read your info. Thanks. however, I am still at a lost. In my response to the lawsuit I recieved I requested the creditors to explain to me in reference to UCC 8-501 which says:
8501. (a) "Securities account" means an account to which a
financial asset is or may be credited in accordance with an agreement
under which the person maintaining the account undertakes to treat
the person for whom the account is maintained as entitled to exercise
the rights that comprise the financial asset.
(b) Except as otherwise provided in subdivisions (d) and (e), a
person acquires a security entitlement if a securities intermediary
does any of the following:
(1) Indicates by book entry that a financial asset has been
credited to the person's securities account.
(2) Receives a financial asset from the person or acquires a
financial asset for the person and, in either case, accepts it for
credit to the person's securities account.
(3) Becomes obligated under other law, regulation, or rule to
credit a financial asset to the person's securities account.
(c) If a condition of subdivision (b) has been met, a person has a
security entitlement even though the securities intermediary does
not itself hold the financial asset.
(d) If a securities intermediary holds a financial asset for
another person, and the financial asset is registered in the name of,
payable to the order of, or specially endorsed to the other person,
and has not been endorsed to the securities intermediary or in blank,
the other person is treated as holding the financial asset directly
rather than as having a security entitlement with respect to the
financial asset.
(e) Issuance of a security is not establishment of a security
entitlement.
They did not answer. I am trying to now subject a motion to dismiss the lawsuit based on the fact attorney cannot verify debt and they do not have my original credit card application with signature. I am being told my the county clerk I must have court citing this prior to filing. This takes me back to my original question. However, I am thinking about counterclaiming for a breach of contract. Am I on the right track? I am not seeking legal advice.
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