QUESTION
What can be done if a debt collector is trying to put a lien on my parents house?
Asked on Mar 30th, 2013 on Bankruptcy - Arizona
More details to this question:
I have a credit card debt for around 1600 dollars. I went to court, got a judgment and an approved payment plan. I have made every single payment on time, and have paid above the required amount whenever possible. They garnished my state income tax, which I knew they would do. We got a letter in the mail however, that states they are going to put a lien on my parents house. Can they do that? I am 26 years old, I am not associated with their deed at all, they are not associated with the credit card debt (no co-signing etc). I have no property - I live in an apartment and I have no car. I've done everything that I said I would do, threatening my parents seems like it cannot possibly be right.
4 ANSWERS
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
It is not legal to threaten to take any action against a person who has no liability for the debt, much less put a lien on property without judicial process. It appears to violate the Fair Debt Collection Practices Act.
Answered on Apr 02nd, 2013 at 7:34 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
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In writing state to the debt collector that you have no interest in their house. Then if they file the lien, your PARENTS can sue them for illegally burdening their title to the house and get lots of damages. There is a Michigan Statute that makes it illegal (I believe both criminal and civil penalties) for filing an unjustified lien on real property). Your parents should also be able to collect their attorneys fees for the action.
Answered on Apr 02nd, 2013 at 12:41 PM
No they cannot. They may also be subject to a lawsuit for a violation of the Fair Debt Collections Practices Act for their illegal threats.
Answered on Apr 01st, 2013 at 3:35 PM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
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File a complaint with the Federal Trade Commission, www.FTC.gov. You can also talk to a consumer rights attorney in the state where you live.
Answered on Apr 01st, 2013 at 3:34 PM