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Debt Collectors & Debt Buyers Chain of Title & Standing

UCC § 9-406(c) Demand for Reasonable Proof of Assignment

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When to use it

Send to an assignee debt buyer demanding statutory proof of assignment under Uniform Commercial Code Article 9.

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Bracketed fields are filled in from your account when you generate it.

[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: STATUTORY DEMAND FOR REASONABLE PROOF OF ASSIGNMENT PURSUANT TO UCC § 9-406(c) Account Number: [ACCOUNT ACCOUNT NUMBER MASKED] Original Creditor: [ACCOUNT ORIGINAL CREDITOR] Collector Reference #: [ACCOUNT COLLECTOR REFERENCE] Dear [RECIPIENT NAME], I am writing in response to your notice asserting that my alleged account with original creditor [ACCOUNT ORIGINAL CREDITOR] was assigned or sold to your organization. Please take formal notice that pursuant to Uniform Commercial Code (UCC) § 9-406(c) (as enacted in [STATE NAME]), as the alleged account debtor, I hereby request reasonable proof that the assignment of this account has been made from original creditor [ACCOUNT ORIGINAL CREDITOR] to [RECIPIENT NAME]. Under UCC § 9-406(c): "If requested by the account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been made. Unless the assignee complies, the account debtor may discharge its obligation by paying the assignor, even if the account debtor has received a notice of assignment..." Reasonable proof under UCC § 9-406(c) requires specific documentary evidence showing that my particular account (Account Number [ACCOUNT ACCOUNT NUMBER MASKED]) was included in the assignment transaction. Redacted or generic master sales agreements that omit account-specific schedules do NOT satisfy this statutory standard. To comply with UCC § 9-406(c), please furnish: 1. An executed Bill of Sale and Assignment Schedule specifically identifying account number [ACCOUNT ACCOUNT NUMBER MASKED]. 2. Written notice of assignment signed by both original creditor [ACCOUNT ORIGINAL CREDITOR] and your entity. 3. Verification of the account balance at the time of transfer. Unless and until you seasonably furnish reasonable proof of assignment as required by UCC § 9-406(c), I have no legal obligation to make payments to your entity, and any continued demands for payment or adverse credit reporting will be treated as unlawful and deceptive under 15 U.S.C. §§ 1692e and 1692f. Sincerely, [CLIENT FULL NAME] Sent via Certified Mail, Return Receipt Requested: [LETTER CERTIFIED NUMBER]

Legal basis

UCC § 9-406(c)UCC § 9-109(a)(3)15 U.S.C. § 1692f

Enclose

  • Copy of Debt Buyer Notice

Before you send

  • Account involves an assigned open-end or consumer debt governed by UCC Article 9.
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.
  • Under UCC § 9-406(c), an account debtor is not required to render payment to an assignee until reasonable proof of assignment is furnished.

Follow up

Allow about 30 days for a response.