Q: I would like to know if a lien enforcement company can come to a personal residence to remove property.
I have a UCC lien and lien enforcement called and threatened to come to my residence. There was a limited personal guarantee that states they would be allowed in terms of a default to review the assets. The company has been making this threat every two months or so but it is now weekly. They left a voicemail with an address and a the make, model, and plate number of the vehicle in question. The residence is not on the original agreement and is not associated with my business in any way. They stated they have dispatched Quiktrak to remove my vehicle. They have the VIN and plate number to the vehicle which I know is public record. I would like to know if they have the right to come to the address and if they can remove the vehicle. Also, this time they stated that the filed to attach liens to all bank accounts. Are my personal accounts and belongings/assets at risk?
Thank you.
A: It's difficult to address this in an online forum. Many facts are missing. It smells like scam to me. "UCC Liens and Enforcement" is supposedly the name of the collector? Have they sent you anything in writing at all? If not, another red flag of scam, including the threatening phone calls. They cannot levy a personal bank account with a UCC lien, they have to sue on the debt and get a judgment against you personally and give you a right to claim your exempt property before this can happen or they have to get a receivership. UCC liens generally only attach to fixtures and equipment as well, not vehicles. Have you contacted Quiktrak to verify their claims? Take all of your documents and information to a local attorney for specific advice. The attorney can take a look at the lien online and determine if it was properly recorded and what it was recorded against. You can search yourself here https://www.sosnc.gov/divisions/uniform_commercial_code and also through your local Register of Deeds office but you may need an attorney to give you a sepcific opinion about enforceability.
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