UCC Discuss topics relating to the UCC, such as negotiable instruments, collection, etc.


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Old 05-12-2006, 11:09 AM
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Does it matter?

Does it matter if the UCC form is completed using upper and lower case lettering or should it be all capitals?
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Old 05-12-2006, 12:20 PM
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Quote:
Originally Posted by Rlynne
Does it matter if the UCC form is completed using upper and lower case lettering or should it be all capitals?


Rlynne,

My opinion is that at the end of the day it matters not how a UCC-1 form is filled out no matter its anticipated application.

For the record though, the filing of a UCC-1 accomplishes zero-nothing in terms of effectuating one's sovereignty or anything with respect thereto. UCC-1 filings create a public record that there is a contract between two or more individuals where collateral has been pledged in consideration of an obligation. The public notice which in this case is a UCC-1 filing is for the creditor's protection in the event of a default so that one, the creditor may have a priority claim in the event of say a bankruptcy filing by the debtor i.e. so there is no claim jumping or in other words other creditors who have contracted with the debtor party do not attempt to seize or liquidate the particular asset(s) which has/have been pledged to the priority creditor. Otherwise, if there were not any sort of public record it would be much more difficult or time consuming for creditors to defend their claim of right to collateral pledged under contract.

Irrespective of any Redemption / UCC theory or procedure or whatever, the above info is paramount and all else is subsequent. If anyone has told you: "All you have to do is file a UCC-1 to regain your sovereignty" that someone has a grave misunderstanding and the courts unilaterally agree no matter how corrupt they may be.

Perhaps as a matter of philosophical perspective at best regarding the Redemption-style UCC-1 filings are often times filled out with the names as such. (This is not my direct recommendation.)

Creditor:

John Henry Doe

Debtor:

JOHN HENRY DOE

Again, I assure you that there is no top secret computer at the Secretary of State's office or department of commerce where Redemption-style UCC-1 filings are entered into a top-secret data base with the result of which being ones sovereignty.

As a side note, when I first heard about UCC and Redemption theory a lot of self-declared or other popular gurus of the time say 2000-2002 were of the opinion and/or were soliciting the idea that such Redemption-style UCC filings were the Holy Grail of sovereignty. Most of today’s gurus know better not to assert such as it is utter folly but alas, the rabbit hole is surely deeper than we all think.

In any event, I hope this information helps.
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Last edited by J.W. : 05-13-2006 at 06:14 PM.
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Old 05-12-2006, 02:02 PM
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Very well put Jason, thank you.

I think many of us have been suckered at one time or another about anything/something. I admit to it myself and I still try to recover from the embarrassment at times. There are very handy tools out there that may be very useful that are being blown out of proportion to what they really are... this can become one of the biggest hurtles for us.

~HTR~
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Old 05-12-2006, 05:48 PM
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I have no opinion on The Redemption Process either way. I'm just completing my commercial lien with the UCC filing. I was curious as to how most people filed this form.
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Old 05-12-2006, 09:31 PM
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Rlynne,

I would stay away from UCC redemption stuff if I were asking the question you asked. Just my input to you.
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Old 05-12-2006, 10:16 PM
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Questions.

I'm a bit confused as to way its assumed I'm doing the Redemption Process. Do only people who are doing the Redemption Process file a UCC 1?

Don't companies file UCC 1 forms on customers who owe them money, are they doing the Redemption Process by doing so?
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Old 05-12-2006, 11:27 PM
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Quote:
Originally Posted by Rlynne
Questions.

I'm a bit confused as to way its assumed I'm doing the Redemption Process. Do only people who are doing the Redemption Process file a UCC 1?
NO. You right on that one.

Quote:
Don't companies file UCC 1 forms on customers who owe them money, are they doing the Redemption Process by doing so?
NO. Correct again.

A little bit more study, and research needed to implement your goal, like I said, you have to stand behind it 100%,and defend it or it can create a problem for you.
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Old 05-12-2006, 11:35 PM
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I do not have enough info to make any solid commentary however, the fact that you are mentioning commercial liens, the result on my end is that my right eyebrow raises about 1/2 inch higher then my left in that you may be digging a hole to burry yourself in if you do not have your collective ducks in a row. Some would argue that much of the commercial lien stuff is the same pile but perhaps different flies of sort. There does exist some literature on commercial liens which I find to be fascinating and to some extent agree with the principles but am uncertain as to whether or not I'd ever employ such if I encountered a situation where a commercial lien would be a potential result of some legal strategy etc. The jury's out in my book, at least as of late.
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Last edited by J.W. : 05-13-2006 at 06:15 PM.
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Old 05-12-2006, 11:45 PM
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Quote:
Originally Posted by Rlynne
Questions.

I'm a bit confused as to way it’s assumed I'm doing the Redemption Process. Do only people who are doing the Redemption Process file a UCC 1?

Don't companies file UCC 1 forms on customers who owe them money, are they doing the Redemption Process by doing so?

Rlynne,

It appears that it may be best for you to put the matchbook away as you are playing with fire and may just get burned due to lack of knowledge or understanding.

UCC Filings are executed daily in the ordinary course of business, typically resulting from contracts i.e. loan, lines of credit and so forth.

Companies may not file a UCC-1 against their customers for simply owing them money, that I am quite certain is illegal. At best a company or a purported creditor who has a claim against someone has brought forth their claim in say a civil suit, either state or federal and the result of which is either a default, summary judgment or jury award for a dollar amount of x, then and only then would that creditor file what is known (at least in California) as a JL-1 form NOT a UCC-1 (JL = Judgment Lien).

Although, if the creditor is someone who has performed a service, that service provider may have a right to file a mechanics lien without seeking relief by way of a civil action via court. I do not know all the particularities or the restrictions for such though as I have never had a need to look into such.

There are some administrative legal or perhaps quasi-legal procedures of which the result may be some sort of lien filing either without the use of more traditional legal or civil action but there are many different flavors and I am not the one to talk about such but again do find the information fascinating.
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Last edited by J.W. : 05-12-2006 at 11:48 PM.
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Old 05-12-2006, 11:54 PM
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Quote:
Originally Posted by Rlynne
Questions.

I'm a bit confused as to way its assumed I'm doing the Redemption Process. Do only people who are doing the Redemption Process file a UCC 1?

Don't companies file UCC 1 forms on customers who owe them money, are they doing the Redemption Process by doing so?

I figured out right away you were not doing redemption.

I know in Illinois, the UCC-1 is to be filled out with both Debtor and creditor names all CAPS, according to the Sec. of State.

I would not know how to help you other than to say make sure you really understand the UCC in regards to filing the UCC-1 as part of the process of lien.

If you want to find out about the all caps thing just call the UCC division of the Sec of State for your state and ask.

They should tell you.
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