Credit Today is the fastest growing publication in the credit field, favored by more and more top credit executives. We cover the world of business, or trade credit, with concise, yet in-depth, reporting. We also publish the most in-depth salary survey in the industry, covering all major credit positions.Credit Today is the fastest growing publication in the credit field, favored by more and more top credit executives. We cover the world of business, or trade credit, with concise, yet in-depth, reporting. We also publish the most in-depth salary survey in the industry, covering all major credit positions.   
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CreditPoint Software
Is a confirmation letter enough to prove a debtor has assigned its rights to an account?

Printer-Friendly Format

"You should be sending your payments directly to the bank, not to Doug Cugan," announced Frank Tulsa of First County Bank.

"That's not what Cugan says," replied George Summers. "He said he never really assigned his rights to our payments over to your bank. He said you sent him a security agreement and two financing statements, but he didn't sign them. Therefore, we couldn't send our payments to you. In fact, if we had, Cugan threatened to take us to court."

"We have a letter that shows Cugan intended to assign your account to this bank as collateral for a line of credit," Tulsa argued. "The letter clearly states that we have a right to collect all proceeds from your account. It names your company and it is signed by Cugan. Besides, we sent you a notice stating that you had to send payments directly to this bank. You signed that form and sent it back to us."

"That was before we knew you didn't have a valid agreement with Cugan." "But we do have a valid agreement," Tulsa insisted. "All the UCC requires is that we have a written document that describes the collateral, the intent to assign the collateral, and the debtor's signature. Cugan's letter meets all of those requirements."

"That's not what Cugan said," Summers repeated. "He said he was going to agree to the arrangement, but then thought better of it. That's why he didn't sign the forms. We couldn't send payments directly to you. Cugan would have taken us to court."

"Well, by avoiding Cugan's lawsuit, you've walked right into ours," Tulsa snapped. "We'll see you in court."

"You're wasting your time," Summers warned. "You never had a valid agreement with Cugan."

Is he correct?

Make your decision: then click "next" for the court's decision.




Next >>


Printer-Friendly Format
·  Are These Valid Defenses to Preferential Transfer Laws?
·  Bank's Action: "Just Business" or Truly Bad Faith?
·  Credit & the Law: How does the Federal Arbitration Act affect arbitration clauses?
·  Standby Letters of Credit in Bankruptcy Court: How Much Protection Do They Offer?
·  Our credit application states that the customer must pay collections fees. What's your experience?
·  Bankruptcy: Payments in the Ordinary Course of Business
·  US Bankruptcy Code Sec 503(b)(9)
·  Writ of Attachment -- One of the Most Powerful Tools in the Creditor's Toolbox
·  Multiple Guarantors: Help or Hindrance?
·  Deal or No Deal: When Does a Contract Become Binding?


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