[ooak]

I just received "Notice of Hearing" from legal counsel for the individual that I had previously filed a UCC-1 (FS) on, which petitions the court to expunge the financing statement from the county records. Of course the individual claims it is a fraudulent filing, has no idea who I am, has no contractual relationship with me, no financial liability to me, etc., etc.


Background... in Oct/02 I sent NBWC (hard opt-out). It was executed by no reponse. in Nov/02 sent invoice for use fees and filed FS at SOS. In Dec/02&filed UCC3 at SOS adding&AOD. &In Jan/03 filed FS in county records against individuals property. NBWC and Invoice were sent to individual certified mail/restricted delivery.


Now individual wants to refinance property and cannot due to my FS. So, she is petitioning the court to expunge the filing by telling all kind of lies in Affidavit form.& What I'm thinking of doing is creating my own Affidavit to rebut the petition and the affidavit submitted by the petitioner... then file it with the clerk prior to the hearing.


My questions are: (1) Is there any special/meaningful title to the Affidavit I create... (2) once I file the affidavit with the clerk, do I need to show up at the hearing in person... (3) anyone have any experience with this situation that would pass along any hints ?


I'm not asking for any legal advice here... only opinions and suggestions. I guess I could do nothing and let the individual get the record expunged... being happy with the fact that it caused this much grief, but I don't want to.& The real kicker here is... the petitioner is the Circuit Court County Clerk herself!& She is the&county recorder&who actually filed the FS on herself!


Thanks for any help and suggestions.