Summary
A UCC lien can be filed by lenders to secure loans if a business defaults. Even with a UCC lien, debt collectors must adhere to the Fair Debt Collection Practices Act and cannot harass you or your family. If they do, you can file a complaint with the North Carolina Attorney Generals Office or consider legal action. Consulting a lawyer is advisable for personalized guidance.Full Conversation
business
I understand you're dealing with a UCC lien on your business. To better assist you, can you please provide more details about the circumstances surrounding the lien?
it was filed due to load default from a cash advance company. my business is inactive at this moment
I see, it sounds like a challenging situation. In North Carolina:
- UCC liens are often used by lenders to secure their loans.
- If a business defaults on a loan, the lender can file a UCC lien against the business' assets.
You might want to consult with a lawyer to discuss potential options for handling this issue.
ok
Thank you for sharing your situation. Here are a few points to consider:
- In North Carolina, lenders can try to collect debt from inactive businesses.
- The UCC lien will remain until the debt is repaid or settled.
- A lawyer can guide you on how to handle this situation.
thanks
You're welcome! If you have any more questions or need further assistance, don't hesitate to ask. Best of luck with your situation.
can the loan company harass menbers of family and friends
No, in North Carolina:
- Debt collectors cannot harass, oppress, or abuse any person.
- They are not allowed to contact third parties about your debt, except for very limited purposes.
- If you find this happening, it may be a violation of the Fair Debt Collection Practices Act.
is this true even with a UCC Lien filing
Yes, it is true. Even with a UCC lien filing:
- Debt collectors must still adhere to the Fair Debt Collection Practices Act.
- They cannot harass you or your family/friends.
- The lien only gives them a claim to the business's assets until the debt is repaid or settled.
they said they can contact my previous customers and vendors and tell them that i owe a debt
In North Carolina:
- Debt collectors may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if authorized by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
- If they're violating this, it's an infringement of the Fair Debt Collection Practices Act.
ok thank you
You're welcome! If you have any other questions or need further clarification, feel free to ask. Best of luck with your situation.
what can i do in this case because they are and i have proof
In North Carolina, if a debt collector is violating the Fair Debt Collection Practices Act, you can:
- File a complaint with the North Carolina Attorney General's Office.
- Consider pursuing a lawsuit against them.
- Consult a lawyer for further guidance.
thank you
You're welcome! If you have any other questions or need further information, don't hesitate to ask. Best of luck with your situation.