Legal Question in Credit and Debt Law in North Carolina

Does a credit card company have the right to place a lein on my home and not tell me about it,even though I am making I am making a small payment to them every month?


Asked on 1/22/11, 9:04 am

1 Answer from Attorneys

A credit card company cannot simply place a lien on your home. In order to do that, they must obtain a judgment against you. A judgment requires that the credit card company first file a lawsuit against you. Unless this is a case of identity fraud or the credit card company having the wrong address, you will definitely be notified of any lawsuits if and when they happen.

You mention that you are making a "small payment" to them every month. I question whether this is necessarily in your best interests. What is the credit card balance? Are you at least paying the minimum? If paying less than the minimum, the credit card company will accept your payment happily but it will not stop them from suing you. If you are paying only the minimum, it may take forever to pay off the card. What other debts do you have? What other assets? Have you considered other options, ranging from debt consolidation or debt settlement to bankruptcy?

Please contact my office if you would like to discuss these options in confidence.

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Answered on 1/28/11, 8:26 am


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