Can You Buy A UCC Lien?
By: Mark D. Shapiro | Posted: 25th June 2015
Nearly each day, folks send me stand alone UCC lien, and want to know if I could find someone who will buy them. (It is difficult enough to try to find a buyer for the majority of judgments.) In my experience, no one ever buys or sells stand-alone UCC liens.
This article is my opinion and is not, legal advice. I am a judgment expert, and not a lawyer. If you need a strategy to use or legal advice, please retain a lawyer.
One cannot be too wealthy, too thin, or remind people too often, that UCC liens alone are not judgments. Just about the one thing UCC liens have in common with judgments is that they must be renewed every once in a while.
UCCs are designed to record claims on commercially-related assets, or to passively and weakly put a lien on some personal (non-real estate property based) assets of folks that are judgment debtors.
Even though the UCC lien itself remains unchanged, there is a huge difference whether a UCC form is filed pre-judgment (or with no lawsuit or judgment at all), and when the filing is tied to an already existing civil-judgment.
Alone, with no other legal actions taken; UCC liens are only some piece of paper. You cannot have a Sheriff attach anything with just a UCC form. Having your UCC signed by a judge and notarized, still will not create a real judgment.
Without a judgment, or before the-judgment, a UCC lien is really only a claim. It may be used with more evidence, to help support a motion to eventually get a real judgment in a lawsuit; when the UCC lien comes with lots of other evidence, that proves an actual debt is owed to you, and your judge agrees.
In the majority of, if not all states; one may search for UCC liens at their local Secretary Of State's (SOS) web site. Usually, SOS web sites don't provide ideal clear instructions, although they are easy to figure out eventually. You can search the Secretary Of State (most often through the web, occasionally in person) for the name(s) of a person or a business, to quickly see whether there are any UCC liens against them. There are other methods of finding UCC liens, they are very cheap to search for. Do not neglect to also search on Google or Bing for the judgment debtor's name; as this is free, and occasionally may lead to possible assets.
Occasionally, searching UCC liens can show judgment owners, and occasionally some UCC liens will also list the debtor's assets, for example airplanes, trucks, equipment, etc. When one finds a UCC lien on accounts receivable or inventory, this may indicate some business the judgment debtor owns.
Judgment owners often file UCC liens for a most often weak, however sometimes effective judgment recovery tactic. Eventually, UCC liens sometimes will work, and also they are relatively easy to get, and very inexpensive. UCCs should always be purchased if your judgment debtor has some profitable DBA company. The more specifically your UCC identifies the judgment debtor's interests or property(s), the better. Debtors sometimes will have more than one UCC liens and/or judgments they owe on.
The two most popular (especially post-judgment) ways which a UCC helps a creditor, are if the judgment debtor tries to later get financing or a loan (occasionally a UCC lien may be noticed and then will need to get satisfied); or occasionally in bankruptcy, to then make it more likely that the creditor will be able to be one of the few secured creditors. Another (ultra rare) way that a creditor's UCC helps, in the case if the judgment debtor is lucky enough to win the lottery.
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Judgment collection is a recovery attempt, this means to recover or collect your judgment. Judgment buyers can help with your judgment collection attempts. Mark D. Shapiro of http://www.JudgmentBuy.com - Your easiest and fastest free method of finding the best expert to buy or recover any judgment.This article is free for republishing
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