A UCC filing is a type of lawsuit that involves the UCC, or Uniform Commercial Code. The UCC governs all types of contract situations and business transactions where at least one merchant is involved. A merchant is any person who has specific knowledge in a given area of business or commerce. The UCC doesn’t govern transactions between non-merchants. Nearly all states have adopted the guidelines set forth by the UCC, or have implemented modified versions of its articles.
Each section of the Uniform Commercial Code governs different areas of business and commerce. For instance, Article 2 covers sales of goods, while Article 4 covers bank deposits and transfers of funds. Some common reasons that people file UCC lawsuits include:
- Breach of contract
- Sale of goods
- Contract mistakes
- Ambiguous contract terms
- Missing terms in a contract, such as price (the UCC will often fill in certain terms for the parties)
Depending on the issue, there may be several remedies available. In many contract lawsuits, a damages award may be issued in order to help a non-breaching party recover their damages. In other lawsuits, the court may choose to issue an equitable remedy such as an injunction requiring the parties to void the contract. This all depends on the specific type of UCC issue at hand, as well as the prior dealings of the parties involved.
Filing a UCC claim can sometimes involve very technical contract laws and rules. It’s in your best interests to hire a business lawyer if you need help with a contract lawsuit. Your attorney can review the contract and determine what your legal options are, and how to best pursue your course of action. A qualified contracts attorney will be able to tell how the UCC applies to your case.