Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

In 2013 a leasing company filed a UCC statement against my…

Hello,My name is***** and...

Hello,My name is***** and in 2013 a leasing company filed a UCC statement against my company in Delaware without my knowledge. It was for equipment for one of my business locations which I was potentially looking to lease but decided not too. I wanted to see if this action in any way was illegal and require legal representation of any sort.Remorca FItness 64 LLC
UCC filing number***********

Lawyer's Assistant: Can you tell me what state the LLC is registered in?

Delaware

Lawyer's Assistant: Has anything been officially filed? If so, what?

Yes i was trying to get a business loan and found out that I had a UCC Filed against my company Remorca Fitness 64 LLC in delaware

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I never agreed to the financing terms of the deal so it never materialized. With that said they still went ahead and filed it. I didnt know about the UCC filing until 2 weeks ago. I wanted to know if it was illegal and if I should get representation ok great

Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
3/20/2018
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,015
Experience: Licensed attorney helping individuals and businesses
Verified

Hello and welcome. I am working on your answer and will be right back!

Ask Your Own Legal Question

when filed, was it a creditor?

Ask Your Own Legal Question
Customer reply replied 4 months ago
a Fifth THirds Bank. I was able to get in contact with the leasing company and they said it was filed by mistake on their end and are adamantly trying to rectify it. I just wanted to see first if I was legally wronged by them
Customer reply replied 4 months ago
Ok no problem.
Customer reply replied 4 months ago
I would love to hear your thoughts on the subject

Under the Uniform Commercial Code (UCC), a secured party can perfect its lien on certain of a debtor's assets by the filing of a UCC-1 financing statement. However, Section 9-509 of the UCC provides that a party may file such a financing statement only if the debtor authorizes the filing: either expressly in an authenticated record or, more commonly, by executing a security agreement.

If my reply is acceptable, please reply "acceptable"

Ask Your Own Legal Question
Customer reply replied 4 months ago
Is there grounds for a lawsuit if it was not authorized?

Yes, to remove the UCC and secure compensation.

Ask Your Own Legal Question

Good luck. Kindly rate the answer 5 stars

INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,015
Experience: Licensed attorney helping individuals and businesses
Verified
INFOLAWYER and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Amazing thank you!
Blake
Category: Legal
Satisfied Customers: 218
Verified
Phone call session started
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask INFOLAWYER Your Own Question
INFOLAWYER
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,015
63,015 Satisfied Customers
Experience: Licensed attorney helping individuals and businesses

INFOLAWYER is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

63,015 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
My LLC loaned a company 16,400. to finance equipment previously
My LLC loaned a company 16,400. to finance equipment previously purchased. The loan was made in January. Payment of 2,500. was received in April. No further payments have been received. NO contract wa… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I own a corporation, I want to lease server equipt to an individual,
I own a corporation, I want to lease server equipt to an individual, can I file a UCC1 on them with the sos in NY, and will it show on his credit report that he has a lease/lien by the 3 credit report… read more
Loren
Loren
578 satisfied customers
I own an LLC which is currently going through an IRS audit
I own an LLC which is currently going through an IRS audit over worker classification (independent contractors vs employees). Funding for this LLC is provided by: A capital venture LLC company owned b… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I live in Maryland and joined a Maryland LLC as an active member
I live in Maryland and joined a Maryland LLC as an active member in August 2006. The LLC was formed in August 2005. I joined making a substantial monetary investment and agreeing that I wouldn't take … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
Hello - I was hoping you could help me with a question… Does
Hello - I was hoping you could help me with a question… Does a company have to register a business loan from an individual with the state – or division of corporations in a state? THE STATE IS DELAWAR… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,657 satisfied customers
I own a struggling business. I started as a sole proprietor
I own a struggling business. I started as a sole proprietor under my name Robert A. Harris dba Discount Stationers and Printers in 1994. In 2001 one of my suppliers filed a UCC1 with a standard securi… read more
Loren
Loren
578 satisfied customers
Need to have a "modification agreement" filled out. What would
Need to have a "modification agreement" filled out. What would be the cost.The buyer of our business had a 5 year note to us with a baloon 12-18-11 of $95,532.24. Which he was unable to get financing … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
2nd opinion - I have just been served court papers
I have just been served court papers in a commerical UCC civil lawsuit. A brief background about the case: I bought $125,000 of fitness equipment and the company did in-house financing. I signed a 30 … read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
I have discovered the 125,000 dollars of equipment I purchased
I have discovered the 125,000 dollars of equipment I purchased has a lean against it. The equipment is in a building I am leasing. The equipment was in this building prior to the lease and apparently … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
i have got myself into a bad situation, here is my story. i
i have got myself into a bad situation, here is my story. i had a biz loan which matures in mid October, i sold the buisiness and the guy is paying me in installments. i thought i would be able to pay… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
when you file and ucc financing statement how much money can
when you file and ucc financing statement how much money can you file for and do you have to pay the money back and do you have to pay taxes on the money and how long does it take to get the money and… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
If a peice of excavation equipment has a title, can uou still
If a peice of excavation equipment has a title, can uou still put a UCC filing agenst it? Were are trying to find out about a backhoe that we own and have always had title to, now we find out that som… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
I bought an expensive piece of construction equipment from
I bought an expensive piece of construction equipment from someone and later discovered that they still owe the bank and there is a UCC filing. Titles are not issued for this type of equipment (it is … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have lease with Lease Finance Group,LLC for a crebt card
I have lease with Lease Finance Group,LLC for a crebt card machine 89.99 per month.They claim that this is non-cancellable lease. They claim to be legal with thearticie 2a of the uniform commercial co… read more
Legal Eagle
Legal Eagle
Attorney at Law
Doctoral Degree
381 satisfied customers
I have a business loan under the business name which is an
I have a business loan under the business name which is an LLC. The loan was for the equipment that we purchased and was used for collateral. We financed $28000 and 5 years later still owe $17000. Wil… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
63,015 satisfied customers
I have ucc on this restarant as collateral (business and its
I have ucc on this restarant as collateral (business and its equipment) because I have given the loan to the tenent. But the tenent could not pay the rent for several months and the landlord is in the… read more
Loren
Loren
578 satisfied customers
What is a UCC-1 financing statement used for Can you file
What is a UCC-1 financing statement used for? Can you file this yourself? Where do you file it? Against whom can you file a UCC-1 financing statement?… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
We want to assign our business property assets [i.e.
We want to assign our business property assets [i.e. equipment, vehicles, etc] to a privte party as collateral for a loan. What is the best form to use? Will this help us to avoid having the assets se… read more
socrateaser
socrateaser
1,452 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x