Department of Health & Human Services v. Tardif

Summary

The Maine Supreme Judicial Court affirmed a Superior Court judgment declaring William Tardif's UCC financing statement against bank officials unauthorized and ordering its removal from the UCC index. The court held that Tardif could not unilaterally create a default judgment, that the bank officials were protected from liability for complying with a child-support withholding order, and that Tardif lacked authority to file the financing statement. The court also imposed $500 in costs for a frivolous appeal.

Holdings

1. Tardif's UCC financing statement was unauthorized and ineffective because he lacked authority under 11 M.R.S. §§ 9-1509 or 9-1708 to file it.
2. The bank officials were discharged by statute from liability to Tardif for money turned over to the Department in compliance with the withholding order.
3. The appeal was frivolous because Tardif could not reasonably have expected to prevail on a meritless challenge to the unauthorized filing, and the court awarded $500 in costs under M.R. App. P. 13(f).

Questions Presented

1. Whether Tardif's UCC financing statement against the bank's chief executive officer and attorney was an authorized filing under Maine law.
2. Whether the bank officials were statutorily discharged from liability for complying with the Department's order to withhold and deliver Tardif's funds.
3. Whether the appeal was frivolous and warranted an award of appellate costs under M.R. App. P. 13(f).

Disposition

affirmed