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juan alberto · Jan 6, 2010, 04:34 PM

I didn't pay my credit cards three years ago to Capital One Bank because of my hardship, I got disable and divorce from my wife, to save my house I had to stop paying the credit card, I received a Notice of Involuntary Lien on my house from the county of los angeles, Registrar-Recorder/County Clerk I owed a little over $2000 now it is $3,700, is there a limit to the charges and also a limit to the limitation?

ScottGem · Jan 6, 2010, 04:43 PM

No and yes. There is no limit on how much interest and fees can accumulate on the debt. But there is a limitation on how long they need to file suit. However, three years is not long enough.

Apparently Cap One filed suit against you and obtained a judgement. They have used that judgment to place a lien on your home.

The good news is that the lien has to be paid to sell your house and they can't force a sale.

Fr_Chuck · Jan 6, 2010, 08:33 PM

Please don't ask the same or similar question again.

A lien remains forever until it is paid.

juan alberto · Jan 6, 2010, 08:41 PM

I received a letter from the county of Los Angeles today the 6th of January 2010, it was from the REGISTRAR-RECORDER COUNTY CLERK, it was a notice of Involuntary Lien, the attorneys of Capital Once bank put a Lien on my house, because 3 years ago in 2007 I stopped paying my debt on my credit card, because I ran into a hardship, I got disable and divorce, I couldn't pay anymore the payment to Capital One, because I would have lost my house, so I decided to save my home by not paying the credit card, I owed a little over $2000 back than, now it is $3.650 with attorneys fee, my questions are can they keep increasing the charges? Is there a limit or cap on this amount I owe? How long does the lien stay on the house? Is there a time limit on the lien? Is there anyway to remove the lien on my house? Without paying what I owe? Is there anything I can do?

JudyKayTee · Jan 6, 2010, 08:49 PM

Were you served with papers? It sounds like they got a Judgment against you.

You can remove the lien by paying it - or selling the house and they'll take the money for the lien off the top.

If you were not served you can attempt to get the Judgment set aside IF you have a valid reason for not paying. At this point they have a Judgment (apparently) for what you owe them. I don't see them settling for less but if you get the Judgment set aside you could always make that offer.

Fr_Chuck · Jan 6, 2010, 08:54 PM

OK, one more time, STOP asking similar question, or merely adding more info in a new thread, I have merged this one, deleted the other.

If you continue I will just delete them, if you can't follow the rules

If you have more info, "answer" your own question to add more info

lotsatrouble · Oct 25, 2011, 10:37 AM

I have a question as well,, My house just went into have a lien on it as well... I had a car accident about 10-12 yrs ago... I only paid part of the debt owed and couldn't pay anymore at the time.. but I bought a house 7 yrs ago and 2 yrs ago had a lien put on m y home for the balance but noiw its higher than it was before. I was never served paperwork for court or even notified of the judgement can they do this after all these years? Can an attorny clear this up for me?

JudyKayTee · Oct 25, 2011, 11:22 AM

If you weren't served an Attorney can get this set aside BUT if you owe the debt you will simply be served correctly, the case will be heard, you will lose, there will be a new lien - plus additional Court costs.

lotsatrouble · Oct 25, 2011, 11:55 AM

How can this happen if I wasn't notified about the court or no knowledge this was put on 2 years ago but I was told there was a statue of limitations for this and that I needed to be served I went o the county and there is nothing showing a judgement this was done in another town but never recorded in the city I live in... Did they do this illegally? Also I have tried to negotiate an amount to settle and asked that attorney that is handeling the case if this was legal what they did and now they don't answer their phones>>> what's up with that?? Now Im going to see my attorney and see what's really going on...
Thanks

JudyKayTee · Oct 25, 2011, 12:08 PM

Originally Posted by lotsatrouble

How can this happen if I wasnt notified about the court or no knowledge this was put on 2 years ago but I was told there was a statue of limitations for this and that I needed to be served I went o the county and there is nothing showing a judgement this was done in another town but never recorded in the city I live in ... Did they do this illegally? Also I have tried to negotiate an amount to settle and asked that attorney that is handeling the case if this was legal what they did and now they dont answer their phones>>> whats up with that??? Now Im going to see my attorney and see whats really going on...
Thanks

Can this happen? Apparently so, because it did.

Yes, there is a statute on debt. I don't know what State you live in so I can't look up the statute. What is the debt for?

Who told you there is a lien and have you seen any paperwork?

The creditor does not have to negotiate with you at this point - they already have a Judgment for the full amount. It would make no sense for them to settle for a lessor amount, particularly when they are guaranteed payment through the lien on your house.

The law firm isn't answering the phone OR a collection agency isn't answering the phone? I find it highly unusual if a law firm (which presumably has clients) never picks up.

And, yes, you by Law have to be served UNLESS there is some type of Judgment which you signed when the debt was incurred. I have seen hospitals try to do this - you sign that you are responsible and if not, they have a lien on your property.

Someone has to go to Court and look at the file - when was it served? Who received it?

I don't know what you mean by this: "nothing showing a judgement this was done in another town but never recorded in the city I live in ... " There is no record of a judgment in another County. There is also no record of a judgment in the Country where you live? This will go back to whether you've actually seen the lien, why you think there's a lien.

lotsatrouble · Oct 25, 2011, 12:21 PM

Actually I went to get a small loan on my home just recently, and found there was a lien and to my knowledge there should have never been a lien on my home,, according to the Mortgage place I'm going through they went into the deed and found 2 yrs ago a lien was put on my home I have never seen paperwork or got served for anything nor have I got anyone else to receive paperwork I live with my 2 kids and husband none of us received anything,, according to the attorney they tried to serve me and couldn't reach me court was done in another part of Texas where I'm living now but my car accident was in Illinois at the time.,. But I am honestly telling you that it took us about 1 week to find out who had this lien and it went from one attorny that was on the lien to another he told me to call instead... and Ive spoken to him last week on Thursday and ever since no one answers the calls only a voice message but I've left messages for him to call me back and he doesn't? I don't understand what's going on... Im really glad your giving me a little imput on this situation I'm so confused..

Thanks
A lot

lotsatrouble · Oct 25, 2011, 12:24 PM

Oh and what I meant about there is no judgement in san antonio where I'm from showing anmything is against my home because they did it somewhere else and never got it recorderd according to the san antonio court house. And I never signed anything from anyone and I've never seen paperwork

JudyKayTee · Oct 26, 2011, 06:48 AM

I'm confused, too - ask the mortgage company in what Court the proceeding which ultimately led to the lien was held. Find out the Court (for example, a District Court) and the location (for example, Illinois or Supreme Court, State of New York, whatever it is) and I will tell you how to get the information directly from the Court Clerk.

lotsatrouble · Oct 27, 2011, 10:53 AM

Good news... I called them again in which they still haven't answered, but I did leave them a message that since my calls were never returned or the calls not being answerd in their office... That I only felt it was right to get an attorney to represent me since I cannot get as response from them..,. Now on our first call I tried to offer 1,500 to settle since their claim was 6 thousand and sum odd dollars,, I never heard back from them , but I think I scared them with the thought of having my attorney investigate whether they did this leagally or not since I was never served and its over the statue of limitations... And now they have accepted the offer but they didn't call me to tell me they called my mortgage company so now the lien is going to be released I figured I should pay and get it over with..,. but I do want to THANK YOU< for talking to me... I hope everyone else's is this easy...

JudyKayTee · Oct 27, 2011, 01:43 PM

I am so happy for you! Glad it worked out this way.

Good for you for taking matters into your own hands and pressing forward.

lotsatrouble · Oct 28, 2011, 06:41 AM

OK, I don't know what's going on,, the attorney never forwarded the acceptance of the offer to the mortgage company as they promised... uuugghhh... but I am going to keep the appointment coming with the attorney and see if this was done illegal and over the ststue of limitations,, Hopefully I am correct to what I know and see if they answer my attorneys calls.
I did get a copy of the paperwork in the mail for the lien put on my home in which my mortgage sent over... so lets see what happens from here...

Thanks

Very upset with this attorney...