Legal Question in Civil Rights Law in Illinois

I sent a ucc with an affidavit for money owed to me to the County Courthouse. It was returned to me for deficiencies and to correct these deficiencies and resend the ucc for filing. Meanwhile I find out that on taxpayer time the company I was filing as a debtor on the ucc with attached affidavit and itemized bills owed to me that the Recorder, on taxpayer time, called the companies legal counsel to tell them what I was doing. Number one this had not been recorded yet(for deficiencies) and was therefore still not a public document. What law or rule allowed this recorder to contact the debtors legal counsel????? I have been doing business for along time and have had these sort of things filed on me for things such as equipment, loans at bank, cattle in a feedyard being custom fed, etc. I never once was made aware of these filings listing me as the debtor by the recorder personally during taxpayer time, I either knew they were going to be filed or found them through public information AFTER THEY WERE FILED! This is the law and I understand ucc's. Is there anything legal about what the recorder did or is there a special circumstance that I am not aware of or was this a blatent disregard of my rights.


Asked on 3/25/10, 9:17 am

1 Answer from Attorneys
Stephen Messutta

In what way were you damaged? You did submit documents to be "spread of record" as a public document so everyone would know of your security interests, so there was no expectation of privacy. If the UCC financing statement was in fact deficient, then the recorder's employee did his or her job to protect you and the public from a defective filing. What are you trying to get out of this? Sounds like you're in a relatively rural community where people know each other. Anyhow, again, how were you damaged? Do you want to get the employee in trouble? I'm not sure there's a question here.

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Answered on 3/30/10, 3:50 pm


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