NAF - National Arbitration Forum - Page 2

seeker · #11 06-16-2004, 12:25 PM

If you claim a debt against another you can file a UCC FS. It is only public notice of your claim.

Mustn't a UCC-FS be backed by a SA?

Can you expand on that please.

Thanks.

Learning curve, ya know.

Seeker

logos · #12 06-16-2004, 12:58 PM

I've heard that an FS must be backed by an SA or some SoS's won't consider it valid. They may take your filing fee and file it, but then after a while (90 days?) consider the filing invalid if it doesn't reference an SA. Can't say for sure. It may not have to an SA, per se. Maybe just a secured transaction like a mortgage/promissory note. Again, not 100% sure, but sounds believable. Anyone have any more info on this?

Jerseee · #13 06-17-2004, 01:46 AM

Logos,

This may be somewhat off track here but, I only use the UCC FS to show that there is a difference between the 2 names. And if the SoS and County knows the difference, it should be good enough for the courts as well. This method of mine should aide one in having proof of jurisdiction and help getting the court to notice that the person standing before them is not the party they are looking for.

Ice · #14 06-18-2004, 08:16 PM

I answered the question: "Without being a Secured Party, can I file a UCC-1 against a company/person? As businesses and banks do?"

I operated under the assumption that folks here are aware of what is required when a UCC FS is filed against a "debtor". If you make a CLAIM you must be able to SUPPORT your claim. Any contract or other documentation that supports your claim must be filed with the UCC FS.

(If there wasn't any form of "proof of claim" required with the filing of a UCC FS then the entire system could really be taken advantage of. Think about it... they already try to screw us in court with "copies" of our signature or just "account statements" as proof. Any of us could develop that kind of documentation on our home computers. hmmm.... something to think about when it comes to bill collectors and such "wasting our valuable time!")

logos · #15 06-20-2004, 04:32 AM

Ice:

I've heard Barton Buhtz say various SoS's have told him they don't want all the extra paperwork filed, only the UCC-1. True, one should be able to prove one's claim. If someone wants to see the paperwork, you should be able to produce it, unlike the various financial institutions that can't/won't produce the originals of their alleged contracts when verification of alleged debts are demanded.