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nikkitoney61 · Sep 3, 2007, 10:06 AM

I just read a post saying credit card companies usually cannot place a lien on property. I had a credit collector for a cc company place a lien on my property in December 06. Is this legal
A summons was sent to me in October 2006, I responded, they said I didn't. I made several payments to the law firm. In early spring, they served me with a right to execute personal property. I learned of the lien on my primary residence when I tried to refinance in the Spring. THey said it was placed on the property in December of 2006. I live in NC

slowandeasy · Sep 3, 2007, 10:28 AM

Hello Nikki
What exactley did the cc company do and what was the amount? I thought it would be unlikely they would put a lien on personl property but I don't know give us details and what state you are in

ScottGem · Sep 3, 2007, 11:02 AM

As slow says you need to give us details for us to help. We need to know why you think a lien was placed, where (state?) you live, whether the cc got a judgement against you, the nature of the property (primary residence or what) and anything else you might think pertinent.

nikkitoney61 · Sep 3, 2007, 11:25 AM

Originally Posted by nikkitoney61

I just read a post saying credit card companies usually cannot place a lien on property. I had a credit collector for a cc company place a lien on my property in December 06. Is this legal
A summons was sent to me in October 2006, I responded, they said I didn't. I made several payments to the law firm. In early spring, they served me with a right to execute personal property. I learned of the lien on my primary residence when I tried to refinance in the Spring. THey said it was placed on the property in December of 2006. I live in NC

I added the info to my original post. Please let me know what you think?

slowandeasy · Sep 3, 2007, 11:35 AM

When you said you responed did you mean you went to court? And if so what happened?
Did the cc company get a judgement and if so how much? The more information we have the more we can try to help you

ScottGem · Sep 3, 2007, 12:29 PM

How did you respond? It appears they obtained a default judgement against you. However NC law exempts up to $10K of your homestead against unsecured debt. So it would appear that the lien is invalid.

You need to go back to the court and file a Motion to Vacate on the grounds that you were never given due process. Also a motion to vacate the lien on the ground that it violates 1C‑1601. What property exempt; waiver; exceptions of the NC State law.

Fr_Chuck · Sep 3, 2007, 12:30 PM

Ok, first in general the court will not issue a order if they are not allowed to.

What happened, you would have received notice of a court hearing, if you did not apper they win automatically and get a judgement against you.
Many states do not allow a non secured deb to be used to attach properties.

But some states will allow it,

nikkitoney61 · Sep 3, 2007, 12:54 PM

How do I go about filing a motion to vacate & a motion to vacate the lien? I answered them in writing to a PO box. THey claim they never received it. They did file a judgement, but does that give them the right to put a lien against my house?

Thank you for all of your help!

ScottGem · Sep 3, 2007, 01:10 PM

You answered to the wrong place. If they filed notice of a default judgement you had to file with the court. And that's where you file the motions I mentioned. You have to find the court that issued the judgement and file with them. You can talk to the court clerk about the exact procedures.

They didn't just file a judgement, they filed suit against you and when you didn't inform the court that you wanted to defend against they got a default judgement. Under what I read from NC law, it wasn't illegal for them to file a lien, but you had the right to exempt some property and you didn't do so, apparently out of ignorance.

nikkitoney61 · Sep 3, 2007, 01:36 PM

Thank you for calling me ignorant.

slowandeasy · Sep 3, 2007, 03:15 PM

I think what Scottgem meant was you didn't know you could exempt some property because you were ingorant of the law I really think you took it the wrong way he didn't say you were ignorant Scottgem always gives accourate and straightforward advice

ScottGem · Sep 3, 2007, 03:51 PM

Originally Posted by nikkitoney61

thank you for calling me ignorant.

Apparently you took that wrong. Ignorance is simply a lack of knowledge, there are loads of things I'm ignorant about. I didn't call YOU ignorant, just stating that there were things you did because you didn't know any better. There is nothing wrong with being ignorant, its remaining ignorant that's the crime.

You have taken steps here to correct that ignorance and we are trying to help you do it.

Now you need to take the advice we've given you and try to get this thing corrected.

slowandeasy · Sep 3, 2007, 03:58 PM

Originally Posted by ScottGem

Apparently you took that wrong. Ignorance is simply a lack of knowledge, there are loads of things I'm ignorant about. I didn't call YOU ignorant, just stating that there were things you did because you didn't know any better. There is nothing wrong with being ignorant, its remaining ignorant that's the crime.

You have taken steps here to correct that ignorance and we are trying to help you do it.

Now you need to take the advice we've given you and try to get this thing corrected.

slowandeasy agrees :very well put!