Legal Question in Credit and Debt Law in Georgia

Attorney put a lien on house

I was informed by a friend who showed me the paperwork that a collection attorney put a lien on the house(called clouded the title)without giving the debtor time to dispute and validate the debt. Yes a letter was sent to the debtor, but when going to get refianced the collection amt was put on less than 30 days by law to dispute the debt. It is a collection attorney in Roswell GA. Is this legal for the attorney to do this and if so looking to file a complaint to the GA Bar and also did attorney break the FDCPA law?


Asked on 12/14/06, 7:51 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Attorney put a lien on house

You do not provide enough facts. If there is a lien, it is probably a judgment lien. That probably means the debtor was sued, hearings were held, and a judgment entered. The FDCPA does not apply to lawsuits (with extremely limited potential exceptions to pre-lawsuit activity). You also do not provide sufficient facts to show that the FDCPA even applies at all. Given the situation, "the debtor" needs to gather all relevant paperwork, and take it to a lawyer to sort it all out.

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Answered on 12/15/06, 6:51 am


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