UCC 1 Filing & Unsecured/Credit Card Debt

Asked over 1 year ago - Los Angeles, CA

I am wondering if (in most general cases) when credit card companies issue credit cards to debtors since credit cards are considered unsecured debt does that mean that credit card companies do not file a UCC 1 lien against the debtor in case the debtor defaults on the card?

Attorney answers (3)

  1. Wendy Erin Morris

    Contributor Level 10


    Lawyers agree

    Answered . I cannot fathom a reason why a credit card company would ever be allowed to file a UCC Lien. The company is not selling goods to a buyer on credit. It is merely providing you with unsecured credit to buy whatever (i.e., goods, services, etc.)

    I am only licensed in the state of Illinois. This is only my general observation about the law and my experiences... more
  2. Robert Harlan Stempler

    Contributor Level 19


    Lawyers agree

    Answered . I've never seen this or heard of any credit card company doing this, even for very large credit lines or unpaid credit cards. I've represented many consumers and small businesses sued on unpaid credit cards and never seen this issue.

    Robert Stempler (please see DISCLAIMER below)
    Twitter: @RStempler

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
  3. Brian Crozier Whitaker

    Contributor Level 17


    Lawyers agree

    Answered . You are essentially correct. UCC1s perfect security interests ... which the CC Co's do not have. However, if they sue you, obtain a judgment, and record that judgment in your County, that would create a lien against any property you own in that County.

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