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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

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Answered in 1 minute by:
3/20/2018
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 60,941
Experience: Licensed attorney helping individuals and businesses
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Hello and welcome. I am working on your answer and will be right back!

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when filed, was it a creditor?

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Customer reply replied 1 month 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 1 month ago
Ok no problem.
Customer reply replied 1 month 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"

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Customer reply replied 1 month ago
Is there grounds for a lawsuit if it was not authorized?

Yes, to remove the UCC and secure compensation.

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Good luck. Kindly rate the answer 5 stars

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INFOLAWYER, Attorney
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Customer reply replied 1 month ago
Amazing thank you!
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