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Can you summarize NDCC Chapter 41-10?
Uniform Commercial Code > Fraudulent and Harassing Financing Statement Records
Short Summary
The provided legal document governs the filing of fraudulent and harassing financing statement records. It applies to any person who knowingly causes the filing of a financing statement record without authorization or with the intent to harass, hinder, or defraud the debtor. The document specifies that an offense under this provision is a Class A misdemeanor, unless the person has previously been convicted under this provision on two or more occasions, in which case it becomes a Class C felony. The document does not mention any exemptions. It is important to note that violators of this provision are liable to each debtor for various penalties, including actual damages, court costs, attorney’s fees, related expenses, and exemplary damages. The document also outlines the individuals and entities who may bring an action to enjoin violation of this chapter or to recover civil damages, including the natural person whose name was provided as an individual debtor, any person who owns an interest in the collateral described in the financing statement record, any person directly harmed by the filing of the financing statement record, the attorney general, a state’s attorney, a municipal attorney, and a person who has been damaged as a result of an action taken in reliance on the filed financing statement record. The document further states that a filing officer may refer a matter to the attorney general or other appropriate person for filing the legal action. An action under this chapter may be brought in any district court in a county where any of the persons who may bring an action under this chapter reside. Finally, the document clarifies that this law is cumulative of other laws under which a person may obtain judicial relief with respect to any filed or recorded document.
Whom does it apply to?
Any person who knowingly causes the filing of a financing statement record without authorization or with the intent to harass, hinder, or defraud the debtor
What does it govern?
Fraudulent and harassing financing statement records
What are exemptions?
There are no exemptions mentioned in this document.
What are the Penalties?
Class A misdemeanor for first offense, Class C felony for subsequent offenses
Jurisdiction
North Dakota