Legal Question in Credit and Debt Law in California
credit card co. threatens to lien home
credit card companies are threatening to lien my home. i thought credit cards were unsecured and cannot lien your real property. can they do this? i live in california.
2 Answers from Attorneys
Re: credit card co. threatens to lien home
You need to be more specific about who is doing the threatening, how old the debt is, whether there is a court judgment, etc. Is this a credit card issuer, or a collection agency? In general a creditor cannot lien a home without first suing you and getting a judgment. Do not pay or promise to pay anything until you find out whether the debt is legally collectible (in California, four years from the date of your last payment). Google for FDCPA
Re: credit card co. threatens to lien home
If the credit card company sued you and obtained a judgment, they could record a document called an Abstract of Judgment which would constitute a lien on your home. This threat to put a lien on your home MIGHT be a violation of the Federal Fair Debt Collection Practices Act, so you might consider consulting with a local attorney who specializes in those types of claims.
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