Ferndale Fights $48 Million Asset Claim Against Officers Involved in Traffic Stop
(Crystal A. Proxmire, May 28, 2014)
Ferndale City Attorney Dan Christ has filed a petition asking a judge to eliminate a UCC filing against the city made by a disgruntled man who had been ticketed by Ferndale Police two years ago. The man, 55 year-old Thomas James Brown of Southfield, claimed that he may have interest in the property of two Ferndale Police officers and the City, in the amount of $24 million per officer.
At Monday night’s City Council meeting, Christ stated “There was an individual who was stopped for a traffic violation a couple of years ago by the Ferndale Police and this particular gentleman has filed a claim asserting a debt against the officers and the City to the tune of millions of dollars.
“A petition has been filed in the circuit court asking the judge to have that UCC filing quashed immediately and as soon as we’ve been served I’m sure the judge will grant that relief, but that was initiated last week.”
A UCC-1 filing is intended to be used by creditors who wish to gain access to property of a debtor for purposes of fulfilling their debt. However in some cases people file them vindictively when there is no legal claim. The filing can come up on credit reports, and it can force people and entities to get attorneys and go to court, as Ferndale is doing.
The Detroit News reported on Brown’s claim, stating that in Aug 2012 he was pulled over in a 1998 BMW and ticketed for doing 65 in a 40 mile per hour zone. Brown was “also charged with attempting to obstruct and resist a police officer, driving on a suspended license and refusing to be fingerprinted,” the report states. Brown later “pleaded no contest to attempted resisting and obstructing a police officer and driving on a suspended license. Two months later, he was charged with failing to appear in court for the speeding ticket. He ultimately was fined $240, and his license was suspended.”
Brown filed his UCC against the City in April 2014. According to the article, filing false UCC-1 claims could violate Michigan law.
For more information and quotes from Christ, see the Detroit News article at http://www.detroitnews.com/article/20140526/METRO02/305260023#ixzz32zzq0heI.