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    Chris Peterson's Avatar
    Chris Peterson Posts: 2, Reputation: 1
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    #1

    Aug 27, 2008, 11:08 AM
    Lien on my property
    Can a lien be put on my property from a old charged off Sears account that was purchased by a Lawyer's firm? I live in Texas and is suppose to go to court on this Tuesday. They are telling me they are going to put a lien on my property
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 27, 2008, 11:25 AM
    Its possible but unlikely. Most areas prohibit involving a primary residences for unsecured debt.


    However the fact the debt was charged off is irrelevant. A chargeoff is a tax maneuver and has no affect on your obligation to pay.

    Have you responded to the summons with your intent to defend? Have you requested verification of the debt?
    Chris Peterson's Avatar
    Chris Peterson Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Aug 27, 2008, 01:46 PM
    We have responded to the summons in writing with our intent to defend. We also asked for them to send us verification of the debt. And they said they could not do that.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Aug 27, 2008, 04:49 PM
    Then tell them, if they can't verify the debt then you don't see why you have to pay it. They WILL have to produce documentation in court. If they don't, then you request tthat the judge dismiss the suit.
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