If you recently received a Texas UCC Statement Request Form, you’re not alone and you’re right to take notice. This isn’t a routine marketing postcard. It’s tied to the Uniform Commercial Code (UCC), a legal framework critical to secured lending in Texas. Here’s what this form means, why someone sent it to you, and what steps you should consider.
What Is the UCC and Why Does It Matter in Texas?
First, a bit of background: The Uniform Commercial Code (UCC) is a set of standardized laws adopted across U.S. states to regulate commercial transactions, especially those involving secured loans. Under Article 9, a creditor (lender) can file a UCC-1 Financing Statement to publicly record their security interest in a debtor’s personal property. This gives notice to other potential creditors about who has priority claims on the assets in case of default
In Texas, the Secretary of State (SOS) operates as the central filing office for these UCC records.
So What’s a “UCC Statement Request Form”?
In Texas, there is a specific form called UCC-11 (Information Request). When someone wants detailed public records about UCC filings associated with a particular debtor name, they fill out this form. This is likely what the “statement request form” you received is referring to it’s a formal way to ask for certified or non-certified UCC records.
Why do people or companies do this? Typically for due diligence:
- A potential lender might want to verify if any existing liens are already filed against your business assets.
- A buyer (of business assets) might want to check encumbrances before purchase.
- Existing creditors may also use it to confirm their secured status or monitor filings.
By requesting a UCC statement, the party is effectively asking: “Are there any claims on property tied to your name?”
Is It a Scam or a Legit Thing?
This is where you need to be cautious:
- Check the sender: Legitimate UCC-11 requests should reference the Texas SOS rules and must be filed through the SOS Portal.
- Verify fees: The Texas SOS lists the cost for a “Debtor Search Certificate” or a “Secured Party Search Certificate” as $15 each.
- Red flags: Some “UCC statement request” letters circulating in the wild are actually unsolicited solicitations or even scams. For instance, on Reddit, people report receiving official-looking mail demanding $90 to send a statement — when the actual state-filed request would cost much less.
- No SOS signature required: Interestingly, real UCC-1 or UCC-11 filings with the Texas SOS do not require a debtor’s signature. The responsibility falls on the “filer” (the creditor) to ensure it’s filed correctly.
What to Do When You Get This Form
Here’s a step-by-step advice:
- Read the form carefully: Does it explicitly say “UCC-11 Information Request”? Does it mention Texas Secretary of State?
- Go to the source: Use the SOS Portal (Texas Secretary of State’s official UCC portal) to verify if there is indeed a filing under your name.
- Check the filing fee: A legitimate request via SOS should not charge you $90 just for a public record lookup — if it does, question it.
- If you owe money: If you believe a UCC lien is wrong or outdated (for example, if you repaid a loan but a termination (UCC-3) wasn’t filed), you might want to consult a lawyer and ask the creditor to file a UCC-3 termination statement.
- Don’t ignore it: Even if it’s just a request, there might be a genuine creditor interest or a filing mistake that you should correct.
Why Texans Should Take This Seriously
UCC filings are a powerful legal tool. They impact not just businesses, but individuals who use personal property as collateral (think leased equipment, business assets, or even financed solar panels). A UCC-1 creates a public lien; a UCC-11 request simply asks to see what’s on record.
If you got a Texas UCC statement request form, don’t panic but don’t dismiss it either. Use it as an opportunity to ensure transparency. Confirm whether there’s a genuine lien, check the legitimacy of the form and if needed, get legal help to clear up or correct public record.
By doing so, you protect your interests, maintain clarity in your financial dealings, and avoid falling prey to scams disguised as legal paperwork.
