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Rippersgal · Sep 16, 2009, 11:35 AM

Hi everyone~ This is my first post, and I hope I get some help here because I basically don't know what to do. My husband and I just found out that there are 2 liens on our property (in the middle of selling it actually)! They are from 2 credit card companies. I had made previous arrangements with one and paid it wayyyy down, however I became 100% disabled and couldn't fulfill my obligation. The amounts owed are not actual amounts either, they must have tacked on 300% finance charge! We were not served to go to court at all! Do I have any legal rights to stop them from doing this? The property is a couple of acres of land and worth about what they say we owe. Help! I'm in NY state.

this8384 · Sep 16, 2009, 11:41 AM

Originally Posted by Rippersgal

Hi everyone~ This is my first post, and I hope I get some help here because I basically don't know what to do. My husband and I just found out that there are 2 liens on our property (in the middle of selling it actually)! They are from 2 credit card companies. I had made previous arrangements with one and paid it wayyyy down, however I became 100% disabled and couldn't fullfill my obligation. The amounts owed are not actual amounts either, they must have tacked on 300% finance charge! We were not served to go to court at all! Do I have any legal rights to stop them from doing this? The property is a couple of acres of land and worth about what they say we owe. Help! I'm in NY state.

The liens cannot be filed by a credit card company unless they filed in court and were awarded a judgment. When they are awarded a judgment, then they are able to file a lien but not beforehand. The judgment also accrues interest on any unpaid balance so depending on when this debt is from, there could be quite a bit of interest on there.

Find out when the liens were filed. Go to the county courthouse and see if they are able to tell you how you were served the court paperwork. If there is no documentation showing that you were served, then file to have the judgments dismissed on grounds of improper service.

ScottGem · Sep 16, 2009, 12:21 PM

A credit card is unsecured debt. The only way a creditor for unsecured debt can place a lien on real property is by getting a judgment.

You would have to be aware that you were sued and a judgment obtained. However, there is no requirement to notify you that the liens were placed.

If you were never notified that you were sued, then you may be able to vacate the judgment on grounds of improper service.

Rippersgal · Sep 16, 2009, 03:02 PM

Thanks for the advice. I went down to the county clerk and found out that they basically lied about serving any notice to me. They described me as blonde, 5'6", no glasses, 40, and 150 lbs. I'm 5'2", dark brown hair (Blackfoot Indian), 45, and 125lbs. I wear glasses most of the time... So, I went right over to the County Court House and tried to file a motion to vacate the judgement for lack of proper notice, lack of subject matter jurisdiction, lack of personal jurisdiction over the defendant. File motion to dismiss Judgement is void. Don't you know they atually said that I had to prove the validity of the debt to the court? They also told me that I had to get two forms, the notice to dismiss, and the other I can't remember right this sec... jeebis. They told me that it would take weeks, and that I really should talk to a realestate attorney. Wow. :eek:

Rippersgal · Sep 16, 2009, 03:04 PM

I forgot to add that they said I had to get the forms online because they don't have them there... again, wow.

ScottGem · Sep 16, 2009, 04:27 PM

What court issued the judgments? Was it small claims or a regular civil court?

And no you don't need to prove the validity of the debt, that's the plaintiff's job. All you need to do is show that you were never properly served. And it sounds like that's a slam dunk.

Of course you will probably be served before you leave the court. But you should be able to get the judgment vacated and the liens removed.

Rippersgal · Sep 16, 2009, 08:30 PM

It was civil, and filed right in the county court house. I was quite certain that I didn't have to prove the validity of the debt to court personnel... don't know why he even thought that. Well, I'm going to go do it tomorrow, so wish me luck! Thanks!

ScottGem · Sep 17, 2009, 06:12 AM

Civil courts can require more stringent adherence to form.

Good luck and keep us posted.

JudyKayTee · Sep 17, 2009, 07:27 AM

Originally Posted by Rippersgal

They described me as blonde, 5'6", no glasses, 40, and 150 lbs. I'm 5'2", dark brown hair (Blackfoot Indian), 45, and 125lbs. I wear glasses most of the time...

The age and weight are usually estimates (or guess-timates). The glasses - well, if you wear them "most" of the time that's possible. Hair color - no.

Was there anyone fitting the description that was given at your home on the day service was claimed? I'm thinking substitute service - ?