Legal Question in Credit and Debt Law in Connecticut

How do I remove a bogus lien from my property, without costing more than the lie

I received a letter from an attorney's office stating a lien was placed on my property. The letter was addressed to my maiden name which I have not used since 1985. I immediately called their office and was told that they had sent me a registered letter in 1992 that wasn�t claimed which contained details this lien was referring to. I asked them to send me a copy of the all the paperwork, including the alleged original documents of this debt. They explained that basically they didn�t have to, a judgment was made in 1992 and the statue of limitations had expired on having to provide such evidence. The amount of money is $1300.00. First of all this is NOT my debt. Second any debt occurring in my maiden name was pre 1985~April to be exact, so in 1992 seven years would have passed and their statue of limitations should have expired. Third, something just doesn�t add up�if I have a person�s social security number what is to stop me from waiting 20+ yrs. mystically slapping a lien on their property saying I don�t have to prove they really owed it? Sounds looney & illegal to me! A lawyer friend says it will cost me more to get it off then to simply pay it�do I have any options that don�t involve enlisting a lawyer & his fees? Thank You


Asked on 8/07/04, 12:42 am

1 Answer from Attorneys
Stephen Silverberg Silverberg Law Office

Re: How do I remove a bogus lien from my property, without costing more than the

This is not a do-it-yourself project. You WILL need an attorney. However, it is possible that once all the facts are dug up it will turn out that the creditor, or someone acting for the creditor, will have violated a consumer protection statute and be liable to you not only for your damages but for your attorney's fees, as well.

You need an attorney who specializes in consumer law, not a real estate attorney or collection attorney. Check with the Lawyer Referral Service operated by The Hartford County Bar Association (white pages under L)

Be prepared to show, via tax returns and the like, where you lived in 1985 and 1982, and where you lived when the creditor began its lawsuit against you.

Also be prepared to spend at least several hundred dollars to find out whether you can go after the creditor, or whether your best move would be to offer a settlement.

Read more
Answered on 8/17/04, 11:07 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Connecticut