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    octagon14's Avatar
    octagon14 Posts: 1, Reputation: 1
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    #1

    May 10, 2009, 07:33 AM
    Lien placed on property by collection agency lawyer
    A property lien was placed on my home due to my wife's credit card debt by a collection agency lawyer. I had no knowledge of this lien. Is it legal?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 10, 2009, 07:37 AM

    Is your wife's n ame on the deed? Was a judgement awarded against her?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    May 10, 2009, 08:12 AM

    If the Judgment is against her solely and the property is owned by you solely, no, it's not legal. A creditor cannot lien against property which the debtor does not own.

    (I just realized I parroted Scott. Sorry.)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    May 10, 2009, 12:24 PM
    Quote Originally Posted by JudyKayTee View Post
    (I just realized I parroted Scott. Sorry.)
    Would you like a cracker? <eg>
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    May 10, 2009, 06:42 PM

    They may only get a lien if there was a judgement, so the credit card company had to sue them and get a judgement. After they have a judgement they may often get the lien.
    In some places there are homestead exemptions
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