jackson212 Posted March 15, 2011 Report Share Posted March 15, 2011 lets say you are on the verge of being sued or have been sued:1- request for an accounting2- request title/proof of assignmentif without neither, move to dismiss or if you havent been sued, other appropriate remedy.resources to read: Edcombs publication HERE on page 15 of 67UCC 9-210 hereUCC 9-406 hereUCC definitions can be found herethis is similar to the dv process, but IMO the dv process for FDCPA purposes is kinda "crap." a collector doesnt have to do much in order to verify or validate the account/debt in question. but the state laws are much more powerful, as provided by the UCC. you can ask for specific documentation and they must comply. on the upside, if they fail to comply with your request as per the UCC, im pretty sure you can then turnaround and smack them with an FDCPA violation.if you ARE going to send a dv letter, IMO you should also in the same letter send the request pursuant to the UCC 9-210 and 9-406. pursuant to UCC 9-210 the jdb or ca has 14 DAYS after receipt of the request to comply. not 20 days, not 30 days, but 14 days. yeah lets see that happen. comments, discuss, adviceand again, dont be confused with the terminology used in the ucc. the definitions are there and they apply to the holder of the account, jdb, ca, etc.i welcome any and all to comment as this is a work in progress. Link to comment Share on other sites More sharing options...
BV80 Posted March 16, 2011 Report Share Posted March 16, 2011 (edited) oops Edited March 16, 2011 by BV80 Link to comment Share on other sites More sharing options...
MrPunch Posted March 16, 2011 Report Share Posted March 16, 2011 ... but the state laws are much more powerful, as provided by the UCC...This sounds great, but I can't understand why you're calling UCC a state law? Isn't more like a federal law since it seems to apply to all states, if I am correct? I am pretty sure I am mistaking, but could you please clarify? I appreciate the post, because I was looking all over my state law to find something like this, but couldn't quite pinch into. Let's get 'em, suckers!!! Link to comment Share on other sites More sharing options...
MrPunch Posted March 16, 2011 Report Share Posted March 16, 2011 2 more questions:1) Does this apply to those who are already in court or have been served?2) What are the penalties if the JDB fails to respond for those requests? Can you use this to MTD the case? Link to comment Share on other sites More sharing options...
osuperdukeSM Posted March 16, 2011 Report Share Posted March 16, 2011 If this is federal, it applies to California and I can probably use this. I will dig around to see if I can use but will keep an eye posted here to see if somone answers punches questions. Is it only for commercial use or individual? sorry for dumb questions.Searching.Super Link to comment Share on other sites More sharing options...
MrPunch Posted March 16, 2011 Report Share Posted March 16, 2011 Also, sections 9-109 (d) (5) and (7) say:(d) [inapplicability of article.] This article does not apply to:(5) an assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;(7) an assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness; Does this mean that it doesn't apply to JDBs? Link to comment Share on other sites More sharing options...
MrPunch Posted March 16, 2011 Report Share Posted March 16, 2011 If this is federal, it applies to California and I can probably use this. I will dig around to see if I can use but will keep an eye posted here to see if somone answers punches questions. Is it only for commercial use or individual? sorry for dumb questions.Searching.SuperNot a dumb question at all, it made me wondering too... Here is what I found in the scope of the UCC:http://www.law.cornell.edu/ucc/1/article1.htm#s1-102(11) "Consumer" means an individual who enters into a transaction primarily for personal, family, or household purposes.So my guess is it applies to individuals too. However I am not sure if it applies to debt collectors as I pointed out above. Link to comment Share on other sites More sharing options...
MrPunch Posted March 16, 2011 Report Share Posted March 16, 2011 Ok, here is a bummer... This article of UCC, article 9 is for "SECURED TRANSACTIONS", which credit cards are not, because credit cards represent UNSECURED credit/debt. To my understanding you can still use this article for transactions between the JDB and the OC, which could be a secured transaction, since the buyer, the JDB, secures the debt in exchange for the payment, but I am not sure where you, as a consumer, can have a legal leg in this case... Link to comment Share on other sites More sharing options...
Chapel Hill Posted March 17, 2011 Report Share Posted March 17, 2011 If you're being sued or want to sue someone you go to a courthouse, federal or state and you do research. It's that simple. No magic bullet. No wonder drug. If you can't read what has been filed an adapt that to your particular set of circumstances then you're probably not well suited to argue that same pleading in open court. If you can't stand and make your arguements before a jurist your chances of success are limited. The practice of law is just that. It's a work in progress. Law firms have practice guides just like other professions. So you can invest in purchasing a practice guide or you can just do what normal folks with reasonable intellectual capacity do, and conduct research in a local law library. There is anything out there that can't be found in a good law library and often you will run into individuals who can help you to form your legal strategy and point out things you may be missing. The huge upside to the encounter being unlike forums like this the folks you meet in a law library have probably actually won and lost motions, won, lost or tied at trial. Huge difference between standing at the table and getting your head handed to you by a jurist with a bias and typing get a bill of particulars or someone statement that may or may not help win a cross complaint before a jury. All this UCC stuff is just noise. You want to win, go to a law library, go to a courthouse. Oh, an yeah in some parts of the country you can pull some information online. I've never met a bankruptcy attorney wearing a $3,000 suit who reached in his briefcase and gave me an adversial pleading sitting in front of my pc at home, reading cases online. Nor have I ever had a conversation such that anyone charging $500 an hour would just hand me his work product because he didn't like to see a one-sided fight while typing away on my computer. Get to the law library and the courthouse, never know who you might meet or how they may be willing and able to help you fight the good fight. Some people will help you just because it's the right thing to do but you have to be actively engaged fighting the good fight yourself. I don't think you do that by sitting at home using Pacer. Don't get me wrong I routinely copy case numbers and print at home some things. I've just seen way too many good things happen from being out, law library or courthouse. Link to comment Share on other sites More sharing options...
workingpoor Posted March 17, 2011 Report Share Posted March 17, 2011 If you're being sued or want to sue someone you go to a courthouse, federal or state and you do research. It's that simple. No magic bullet. No wonder drug. If you can't read what has been filed an adapt that to your particular set of circumstances then you're probably not well suited to argue that same pleading in open court. If you can't stand and make your arguements before a jurist your chances of success are limited. The practice of law is just that. It's a work in progress. Law firms have practice guides just like other professions. So you can invest in purchasing a practice guide or you can just do what normal folks with reasonable intellectual capacity do, and conduct research in a local law library. There is anything out there that can't be found in a good law library and often you will run into individuals who can help you to form your legal strategy and point out things you may be missing. The huge upside to the encounter being unlike forums like this the folks you meet in a law library have probably actually won and lost motions, won, lost or tied at trial. Huge difference between standing at the table and getting your head handed to you by a jurist with a bias and typing get a bill of particulars or someone statement that may or may not help win a cross complaint before a jury. All this UCC stuff is just noise. You want to win, go to a law library, go to a courthouse. Oh, an yeah in some parts of the country you can pull some information online. I've never met a bankruptcy attorney wearing a $3,000 suit who reached in his briefcase and gave me an adversial pleading sitting in front of my pc at home, reading cases online. Nor have I ever had a conversation such that anyone charging $500 an hour would just hand me his work product because he didn't like to see a one-sided fight while typing away on my computer. Get to the law library and the courthouse, never know who you might meet or how they may be willing and able to help you fight the good fight. Some people will help you just because it's the right thing to do but you have to be actively engaged fighting the good fight yourself. I don't think you do that by sitting at home using Pacer. Don't get me wrong I routinely copy case numbers and print at home some things. I've just seen way too many good things happen from being out, law library or courthouse.So tell us how you REALLY feel... Link to comment Share on other sites More sharing options...
SingleDadJames Posted March 18, 2011 Report Share Posted March 18, 2011 Link to comment Share on other sites More sharing options...
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