True." Hey everybody, how are you today? We're going to talk about claim and delivery. Specifically, we're going to discuss claiming delivery in North Carolina. I practice law in Florida, North Carolina, Tennessee, and federal court. Both of my practices are in North Carolina because I am currently located in Charlotte. Anyway, claim and delivery is a legal theory and a legal claim. It's not something you see very often. I attended one of these hearings a few months ago for a business client of mine. There was a dispute going on, and basically, claim and delivery is where, as part of the lawsuit, you go to the clerk of court instead of the judge. You or the other side notify the clerk that the plaintiff, typically the lender, is claiming that the defendant has their equipment or collateral. The defendant obtained the collateral because they took a loan, but they have not paid it back. We have followed all the necessary legal steps, such as filing a UCC (Uniform Commercial Code) with the state, to establish our rights to the collateral. Even though the lawsuit is still ongoing, we request the clerk of court to enter an order stating that we can take the collateral. This may seem strange because the ownership of the collateral is at least somewhat part of the lawsuit itself. One might wonder why the clerk would grant permission to one party to take the collateral before the lawsuit is completed. However, it's similar to car repossession. In many cases, autos can be repossessed without going to court or filing a lawsuit. Claim and delivery is a hybrid of those concepts, which may seem inconsistent or different. So, with claim and delivery, you go to the clerk and explain the situation. You request that the collateral be returned...
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