Re: To Notarize or to not notarize? - Posted by Bill Gatten
Posted by Bill Gatten on May 18, 1999 at 12:27:05:
>>They do however require a copy of my driver’s license, which has my signature on it and they all filed UCC-1 liens on all the equipment until the lease is paid off.
Yep. Yep. Know that! Been there. Done it all! But sometimes even the most brilliantest of us just do dumb stuff.
>>Did you at least repo the equipment from the attorney?
Yep. Yep. 'Problem is… a used 900 number system is worth about the same as a blue and red pay phone in Watts.
>>Did he ever sign a document saying he received the equipment and it was all in working order before the funds were released? Didn’t you have him sign thr UCC-1 form?
Yep. Yep. Yep. But it was that pesky darn missing secretary of his, whom he had fired for embezzlement and whom no body knew the whereabouts of anymore.
>>He ordered the equipment, took delivery of the equipment, made some payments on the equipment, and because he claims he never actually signed the docs. he doesn’t have to pay?? Did you take it to court?
Nope. He was the court. In the equipment leasing business, attorneys tend to cost more than the scr**ing you take from the people who make you have to use 'em.
>>If his secretary signed his name couldn’t she be held liable then? What about forgery?
Yep. Yep. Yep. She was definitely a forgerer alright. 'Problem was… he fired her months earlier… and, to make matters worse, she never existed in the first place!!
>>Sounds like he would be guilty of fraud if he had his secretary sign so he could claim he never signed anything but excepted the equipment and made some payments on it.
Right! But you know…that doggoned secretary accepted the equipment and made the payments out of his check book without his knowledge, just to usurp his good name. When he discovered her terrible misdeeds he stopped paying (simultaneously with realizing the porno phone business wasn’t what he thought it was going to be…all that heavy breathing makes you hoarse after a while).
>>Otherwise you would think his secretary could be held liable for fraud and forgery for signing his name if he deny’s having anything to do with it.
Yep. Yep. 'Could be. Could be…except for that pesky son-uv-a-gun (daughter of a gun) secretary having been lit out for the high country (probably somewhere around Mt. Kilamanajro by that time).
>>Amazing how these guys can get away with things like that. Couldn’t an attorney get in trouble from the bar association for pulling stuff like this?
Sure… but this guy was as lilly white in all of it as Edgar Winter at a Wisconsin outdoor rock festival In January. A veritable pillar of the community (though his name was Zabodznsky… so I guess he was more a Pole, than pillar, of the community).
>>The biggest problems I’ve had so far was getting around the landlords waiver they wanted signed. My landlord won’t sign one so the leasing company has to waive that part or they kill the deal. So far they’ve all waived that form.
They don’t really Landlord Waivers unless installation or removal of the equipment would damage the premises, or unless the equipment is becoming permanently affixed to the real estate.
>>I tell them that’s what the UCC-1 is for. The first one to file a UCC-1 is first in line with having a lien against the equipment.
Well…the lien priority was never a problem; however (though beside the point), a U.C.C. wouldn’t protect the landlord if you defaulted and they had to yank a 4000 ton boom crane out through your front door. And if the equipment was attached to the landlord’s premises, it becomes his… irrespective of the U.C.C. (the U.C.C. is for Personality… when Personality is attached to Realty… it’s not Personalty anymore).
>>Although I would agree that you should get anything important notarized.
Duh…? NOW you tell me.