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Debt Collectors & Debt Buyers Chain of Title & Standing

UCC § 3-501 Demand for Exhibition of Instrument (Promissory Notes)

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When to use it

Send when a collector or debt buyer attempts to enforce an installment loan, auto loan, or negotiable promissory note.

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[CLIENT FULL NAME] [CLIENT ADDRESS LINE1] [CLIENT CITY], [CLIENT STATE] [CLIENT ZIP] Phone: [CLIENT PHONE] Email: [CLIENT EMAIL] Date: [TODAY] [RECIPIENT NAME] [RECIPIENT ADDRESS BLOCK] RE: FORMAL DEMAND FOR EXHIBITION OF INSTRUMENT PURSUANT TO UCC § 3-501(b)(2) Account Number: [ACCOUNT ACCOUNT NUMBER MASKED] Original Lender: [ACCOUNT ORIGINAL CREDITOR] Collector Reference #: [ACCOUNT COLLECTOR REFERENCE] Dear [RECIPIENT NAME], I am writing regarding your demands for payment on an alleged negotiable instrument / promissory note originally issued by [ACCOUNT ORIGINAL CREDITOR]. Please take formal notice that pursuant to Uniform Commercial Code (UCC) § 3-501(b)(2), as enacted under state law, I hereby exercise my absolute statutory right to demand: 1. Exhibition of the Original Instrument: Presentment and physical or certified high-resolution inspection of the original, wet-ink negotiable promissory note bearing my original signature. 2. Proof of Holder Status / PETE: Documentary evidence establishing that your entity is a "Person Entitled to Enforce" the instrument under UCC § 3-301, including complete, unbroken chain of physical indorsements (allonge) attached to the instrument. 3. Denial of Holder in Due Course Status: Because your entity acquired this paper after its alleged default, take notice under UCC § 3-302(a)(2)(iii) that your entity is NOT a Holder in Due Course and takes this instrument subject to all claims, recoupments, and personal defenses available under UCC § 3-305. If the original promissory note has been lost, destroyed, or stolen, you must comply strictly with UCC § 3-309 by submitting a sworn affidavit detailing the terms of the instrument, loss of possession, and providing adequate protection/indemnification against secondary enforcement. Until presentment and exhibition of the instrument are fully satisfied pursuant to UCC § 3-501(b)(2), any further collection enforcement or credit reporting constitutes an unfair trade practice under 15 U.S.C. § 1692f. Sincerely, [CLIENT FULL NAME] Sent via Certified Mail, Return Receipt Requested: [LETTER CERTIFIED NUMBER]

Legal basis

UCC § 3-501(b)(2)UCC § 3-301UCC § 3-30215 U.S.C. § 1692f

Enclose

  • Copy of Payment Notice or Demand

Before you send

  • Debt instrument is a negotiable promissory note or installment contract governed by UCC Article 3.
Know this first
  • Do not admit owing the debt or promise to make any payment, as doing so may restart or reset the statute of limitations in some state jurisdictions.
  • UCC Article 3 applies strictly to negotiable instruments (promissory notes). Debt buyers purchasing defaulted paper cannot claim Holder in Due Course status under UCC § 3-302(a)(2)(iii).

Follow up

Allow about 30 days for a response.