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2019 New Hampshire Revised Statutes
Title XXXIV-A - Uniform Commercial Code
Chapter 382-A - Uniform Commercial Code
Section 382-A:9-529 - Fraudulent Filing.
Universal Citation: NH Rev Stat § 382-A:9-529 (2019)
382-A:9-529 Fraudulent Filing. –
(a) Fraudulent filing. A person may not intentionally or knowingly present for filing or cause to be presented for filing a financing statement if the person knows that:
(1) the filing of the financing statement has not been authorized pursuant to Section 9-509 or 9-708, and the person does not have a good-faith expectation that proper authorization will be given in a pending transaction;
(2) the financing statement contains a material false statement (including a false name or identification number); or
(3) the financing statement is groundless.
(b) Liability. A person who violates subsection (a) is liable to the owner of property covered by the financing statement or the secured party, as the case may be, for:
(1) the greater of $5,000 or the person's actual damages;
(2) court costs; and
(3) reasonable attorney's fees.
(c) Remedy. An owner of an interest in property covered by a fraudulent financing statement described in subsection (a) may, in addition to any other remedy provided by law, file suit in a court of suitable jurisdiction, requesting specific relief including, but not limited to, release or cancellation of such fraudulent financing statement. In the event the person who filed the fraudulent financing statement cannot be located or is a fictitious person, then the owner may serve the known or unknown defendant by certified mail to the address indicated on the financing statement.
(a) Fraudulent filing. A person may not intentionally or knowingly present for filing or cause to be presented for filing a financing statement if the person knows that:
(1) the filing of the financing statement has not been authorized pursuant to Section 9-509 or 9-708, and the person does not have a good-faith expectation that proper authorization will be given in a pending transaction;
(2) the financing statement contains a material false statement (including a false name or identification number); or
(3) the financing statement is groundless.
(b) Liability. A person who violates subsection (a) is liable to the owner of property covered by the financing statement or the secured party, as the case may be, for:
(1) the greater of $5,000 or the person's actual damages;
(2) court costs; and
(3) reasonable attorney's fees.
(c) Remedy. An owner of an interest in property covered by a fraudulent financing statement described in subsection (a) may, in addition to any other remedy provided by law, file suit in a court of suitable jurisdiction, requesting specific relief including, but not limited to, release or cancellation of such fraudulent financing statement. In the event the person who filed the fraudulent financing statement cannot be located or is a fictitious person, then the owner may serve the known or unknown defendant by certified mail to the address indicated on the financing statement.
Source. 2001, 102:25, eff. July 1, 2001.
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