I've not been able to pay the minimum payments on my credit cards in a year. The debt collectors are calling to tell me that they are going to put a lien on my home to sue for payment is this possible in the state of CALIFORNIA?
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I've not been able to pay the minimum payments on my credit cards in a year. The debt collectors are calling to tell me that they are going to put a lien on my home to sue for payment is this possible in the state of CALIFORNIA?
Yes, as I understand it, only If they receive a judgment against you in the case. They can and do, at times, place liens against property. The lien can be used to order a forced sale , although this rarely happens. Some states have laws against forced sale of the primary residence, all states have exemptions which usually can protect the property from sale. The usual method of collection is garnishment of wages or levying of bank accounts.
Collection people who call will threaten any and everything if they believe they can push the right button. They will tell you that police are on the way to arrest you, that the tow truck is on the way to get your car and more.
Now can they, yes I believe they can put a lien on your home, but they don't want a lien they want money,
Before they can do anything, they will have to take you to court and get a judgement
I work in Debt settlement. California can lien in certain circumstances. First when you get served and don't respond they will file a default judgment. A defaulkt judgment is easily avoided by responded to the summons you get served in the allotted time limit (20-30 days is standard). If you respond to this summons in a legally qualifying way you will then be given a court date. Remember not to admit to the debt in your response or else they will put default judgment on you. Go to the court date tell the judge you situation, keep in mind the judge has a job to set up a stipulated agreement that will be able to be satisfied on your part. So as long as you go to court they won't garnish or lien you.
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