Ask the wrong question and get the right answer to the wrong question


I've often said that if you ask the courts the wrong question you will get the right answer to the wrong question almost every time.

So what if we are in the unfortunate position of finding ourselves trying to answer a motion for summary judgment and we answer using UCC (Uniform Commercial Code) arguments as so many self proclaimed experts advise us to do and usually at great expense?

I think we will find ourselves in bad shape indeed due to the fact that if we look at http://www.law.cornell.edu/ucc/1/1-102.html we will find that it says and I quote:
Underlying purposes and policies of this Act are

* (a) to simplify, clarify and modernize the law governing commercial transactions;
* (b) to permit the continued expansion of commercial practices through custom, usage and agreement of the parties;
* (c) to make uniform the law among the various jurisdictions.

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One can readily see here that the words "commercial transactions" and "commercial practices" are the controlling words.

On the other hand, if we look at (15 U.S.C. 1601 et seq.) we will immediately see that it specifically deals with consumer debt.

To me that means that the two ae totally and completely separate bodies of law and cannot be mixed and/or matched willy-nilly as so many self styled experts would just love for us to believe can be done.

I can only say that while professionals do need to understand the both of them they must not try to claim that UCC can be applied to consumer law and even more so if they attempt to lead others astray with misplaced UCC arguments in relationship to consumer debt.

I've been guilty of refusing to have anything to do with problems arising out of the default of commercial debts but I can see that it is high time that I change that stance and start learning UCC so that I can help those in need and to whom UCC does apply by reason of the fact that their debts are of a commercial nature rather than of a consumerism nature.

I can now see where UCC does provide commercial debtors with some protections that are even better than those provided under FDCPA. Be that as it may, the two must not be mixed up and as far as I can tell any and all UCC type arguments that one may attempt to adopt to consumer law are strictly off the wall and out to lunch.

If any of my readers think I am wrong then I invite you to discuss it with me on my message forum   ¶ 12:34 PM