QUESTION
Can a credit card company put a lien on his property if that person passed away?
Asked on Sep 21st, 2012 on Bankruptcy - New Jersey
More details to this question:
I need to know if a credit company can put a lien on a property and the owner is already dead and also had unsecured loan.
7 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It depends and more facts are necessary to answer.
Answered on Jun 27th, 2013 at 1:40 AM
Personal Injury Attorney serving Baton Rouge, LA
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Lindsey J. Scott
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Yes .
Answered on May 22nd, 2013 at 2:15 AM
This is not really a bankruptcy question. If they have put a lien on property (either real or personal) it would be dischargeable in bankruptcy. Whether it was legal for them to do so is a matter of State law versus Federal law.
Answered on Sep 25th, 2012 at 10:01 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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They would have to sue him or his estate to lien any property.
Answered on Sep 25th, 2012 at 12:37 PM
Probate and Estate Planning Attorney serving Harrison, MI
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David T. McAndrew, Attorney at Law
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Interesting question. First, process of service would be somewhat difficult against the deceased. In order to put a 'judgment lien' against the decedent's real estate, you would first need a judgment in court. The creditor's correct avenue would be to file against the estate, assuming a probate estate was opened. Without a judgment, nor a open estate, I doubt the credit card company would proceed as the petitioner.
Answered on Sep 25th, 2012 at 12:37 PM
Appellate Practice Attorney serving Cheyenne, WY
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Lynn Boak Attorney at Law
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In general, all that a creditor can do if a person has passed away and does not have a co-debtor on the account is file a claim in the probate proceedings. A lien may preserve the claim if the person owned real estate. If the person has no probate estate, the creditor probably is out of luck.
Answered on Sep 24th, 2012 at 11:21 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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They can if they got a judgement against the person before he/she passed away.
Answered on Sep 24th, 2012 at 11:11 PM