Legal Question in Credit and Debt Law in Florida
placing a lein to secure a debt
if my husband is being sued for a collection, can the suing company put a lein on our propperty if it is in both of our names. or can they put a lein on property that is just in my name and not his becouse we are married?
1 Answer from Attorneys
Re: placing a lein to secure a debt
This is how it works: First they have to win the case. If they win the case it is against your Husband only. If they want to turn that into a lien there are certain steps they must follow. If they do that correctly, then it becomes a lien against him on the property. If you were to sell the property, it is protected if it is your homestead [home where you & he live]. BUT, it is not an automatic protection. There are certain requirements which you would have to meet. That question lies in the future so we can't predict it.
FYI, The final judgment will become a public record and will probably appear on his credit report. Seeing that you are having financial difficulties, I would suggest that you call my office to discuss your options free of charge. Please call me at 305.860.1221.
Also, please visit our web page www.FLORIDACREDITLAWYER.com under the articles section so that you can learn more about your rights as a consumer. I have taken a lot of time to write these articles to help educate consumers. Please tell others about our web page. Looking forward to talking to you.
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