What are my options for settling a debt with a collection agency when a UCC lien is attached, and how can I ensure the lien is removed upon settlement?
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What are my options for settling a debt with a collection agency when a UCC lien is attached, and how can I ensure the lien is removed upon settlement?
Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: Have they started doing anything like freezing your account or seizing assets? How much do they want?
Hi Dolan, No they haven't.
Understood -I'm so sorry about that! How much money do they want?
40k. I provided an offer and the collection company that reports that they are a sevicers reported that they cannot accept any monthly payments it can only be a lump sum.
However, I was instantly qualified for a monthly payment for the 40k from the collection company. Which doesnt make sense.
I'm so sorry about that! This is very common as UCC lien holders can be really aggressive. So there are a few things to consider: 1.. If the collection agency insists on a lump sum but you were qualified for a payment plan, you can explore getting a third-party loan (personal loan, business loan, or even a home equity line of credit if applicable) to cover the lump sum. Once the lump sum is paid, ensure the collection agency provides a written lien release. For example, you could try sofi.com to refinance this particular loan. They tend to do loans like this to get you an even lower interest rate because they end up making the money off these things. 2. If they insist on a lump sum but you need flexibility, you can propose an initial lump sum payment (e.g., 50% of the $40k). Then, the remainder in structured payments with a legally binding UCC lien release clause once the first payment is made 3. You can always threaten bankruptcy protection. They would have no way to collect if you file for bankruptcy so it's good leverage. Bankruptcy protection would allow you to discharge any of your business and personal debts so consider it if things get too dicey. 4. The final option is a local debt collection and/or bankruptcy attorney to negotiate this. What the lawyer would do is review the debt and try to challenge the validity of the claim based on some technicality. They can always review to see if the interest rate is usurious (above the legal limit) and negotiate a lower lump sum settlement by proving financial hardship or disputing elements of the claim.
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