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    LIZ PAPPAS's Avatar
    LIZ PAPPAS Posts: 3, Reputation: 1
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    #1

    Apr 2, 2012, 02:23 PM
    Have made monthly payments to water co. Now they threatin a lien on house
    THERE WAS A WATER LEAK IN MY LINE 2 YR AGO.THE VILLAGE SAID THE BILL WAS 74? $ mediated it down to 34? $. I tarted making monthly payments added on top of my normal mo'ly water bill. Now the want 30? $ by may or they will put a lean on my house. CAN THEY?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 2, 2012, 02:31 PM
    How was it mediated down? Is it all in writing with a written agreement?
    Was there a written payment agreement?

    Have they sued you in court for the money ? They will have to sue you and get a judgement before they can put a lien on the home
    LIZ PAPPAS's Avatar
    LIZ PAPPAS Posts: 3, Reputation: 1
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    #3

    Apr 2, 2012, 02:37 PM
    Is there really a
    I need d to know if there really is a "law" that if you are showing good faith intent to pay. By making monthly payments. Or is this a wives tale?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Apr 2, 2012, 02:44 PM
    Just a myth. If you do not have a written agreement for payments they may always sue you and continue collections. If you are making large enough payments normally they will work with you, but if you are not paying enough to even cover interest they have no reason to try and work with you.
    LIZ PAPPAS's Avatar
    LIZ PAPPAS Posts: 3, Reputation: 1
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    #5

    Apr 2, 2012, 02:45 PM
    Is there really a law about good faith payments
    I have been making good faith payments monthly on a large -and unexpected bill- I thought this would protect me till it was paid. But they sent a certified letter to say ; pay all b/4 may or they will put a lien on my house.
    Is the good faith intention to pay off a wives tale??
    Can they put a lien on my house?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Apr 2, 2012, 02:56 PM
    They can not put a lien on the house ( unless this is for taxes or government bill) without suing you in court and getting a judgement. Even then some states will not allow a lien on your home with a homestead exemption. But they can often garnish your pay and attach all of your bank accounts.

    Have they already sued you in court and got a judgement ?

    Did they actually say they will put a lien on your home in the letter ( often threatening is illegal, so save the letter)

    What type of debt is this? If for example this is unpaid property taxes or easements against the property, then they may have rights not given normally to debtors.

    Also was this for repair to the house, they can put what is called a mechancis lien on a home for repair work they do to the home.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Apr 2, 2012, 03:50 PM
    Your threads have been merged since they pertain to the same issue and will help us answer both questions.

    A utility company may be able to place a lien without court action.

    I would suggest that you go back to whatever agency mediated the settlement and ask for their help. Or go to your local Public Services Commission (which usually oversees utilities). If that fails, go to local media. Many have consumer advocates who may be able to help.

    Don't worry too much about them placing a lien. A lien will only matter if you go to sell the house.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Apr 2, 2012, 07:17 PM
    Quote Originally Posted by LIZ PAPPAS View Post
    THERE WAS A WATER LEAK IN MY LINE 2 YR AGO.THE VILLAGE SAID THE BILL WAS 74??$ mediated it down to 34??$. I tarted making monthly payments added on top of my normal mo'ly water bill. Now the want 30??$ by may or they will put a lean on my house. CAN THEY?
    What country are you in? Because you are using a very strange method of writing figures.

    The bill was $74.00, mediated down to $34.00 and now they want $30.00? That is not a lot of money, is it?

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