[abtsc]

Can credit card companies put a lien on my house?

[CaptainForest]

Yes they can.

But first, they must get a judgement against you for the debt in court.

[Dwight_Pigg]

Yes they can.

But first, they must get a judgement against you for the debt in court.

Captain Forest is absolutely correct. FYI: The credit card company is not required to serve you court papers in most states. They will go to court and get a default judgement, because you weren't there to defend yourself.
You will probably find out about the judgement after it is granted.

I am not an attorney and this should not be considered legal advice. Seek local counsel in this matter.

[mr.yet]

Credit Card or debt collector must file at the court, they must serve you with notice of the filing for you to defend yourself against their claim in all states.

Everyone is entitle to defend thenselves against any claim, and is entitle to due process of the law. No short cuts!

[ScottGem]

In most US states, a creditor cannot file a lien against a primary residence for unsecured debt. So the likelihood of that happening is small.

Also, I disagree with Dwight, here. A good faith effort needs to be made to inform the debtor of the court hearing to obtain the judgement. Its true that some creditors will try to fudge that effort to obtain a default judgement when you don't show up. But they have to show some effort.

[Dwight_Pigg]

Credit Card or debt collector must file at the court, they must serve you with notice of the filing for you to defend yourself against their claim in all states.

Everyone is entitle to defend thenselves against any claim, and is entitle to due process of the law. No short cuts!!

In the State of Ohio, credit card companies are NOT serving papers to people who they file a lawsuit against. According to my attorney, they are only required to advertise in the legal notices section of the local paper.

Why am I so sure about this?

This happened to me personally 13 years ago.

While I thought I was working out a payment arrangement with the credit card company, I was notified that a default judgement had been granted against me because I didn't show up for a hearing that I didn't know anything about.

During my 15 years in the mortgage business, I have discovered that many of my clients have also been given no notice by credit card companies and have only found out about the suit after the default judgement was filed.

Every state is different and I am not an attorney. I do not know if this practice is limited to my state. This is NOT legal advice. This IS my factual personal experience.

[excon]

FYI: The credit card company is not required to serve you court papers in most states.

Hello Dwight:

Nahh. Anybody getting sued MUST be properly served first. Service by publication, IS a legal form of service.

excon

[Dwight_Pigg]

Gentlemen,

My point in this thread is that you may have no idea that you are being sued until you receive the notification of default judgement.

Let me further clarify what I meant: Don't expect someone to show up at your door and don't expect a letter to arive with a notice that you are being sued.

I know that service by publication is legal but most people don't read the legal notice section in the paper, thus they have no idea until it is too late. There is no other "good faith effort" required where I live.

Also: I negotiate payoffs for judgement liens on properties every day. Many are placed by credit card companies.
It is very common for credit card companies to seek judgements and place liens on real estate.

Every state is different and I am not an attorney. This is NOT legal advice. This is my factual personal experience.