Legal Question in Credit and Debt Law in Kentucky

Needing advice about a judgement and how case was handled

About the middle of Sept. my husband and I recieved a notice that we had a legal case pending us from an institution we had borrowed money from. The lawyers told us we had 20 days to respond. We did respond,we told them we did not dispute that we owed the money but we questioned the amount they said was owed,we ask for a copy of all payments we had made to the institution. We also told them how much we could afford to pay them at this time monthly. I still have copies of these letters stored in my computer. We did not hear anything else from until Nov.3,2000 when recieved a letter telling us that they had put a lien against our real estate property. Shouldn't they have given us the information we asked for and tried to settle with us before doing this? Another thing is can they force us to sell our real estate since the only real estate we owe is our home? And they do not have any mortgage on any of this. we have our home through another institution and everything is up to date on this.

Thanks so much


Asked on 11/04/00, 5:42 pm

1 Answer from Attorneys
E. Brian Davis Davis Law Office

Re: Needing advice about a judgement and how case was handled

From your description of the facts, it appears that the

creditor has obtained a judgment against you, possibly a

default judgment. The creditor then placed a judgment lien

on your house.

In most cases, judgment liens are not foreclosed on; the

creditor usually waits until the house is sold or refinanced.

Then, the buyer or bank discovers the lien, and requires the owner

to pay off the lien before the transaction goes through. Of

course, interest is running on the underlying obligation

during all that time.

If the creditor took a default judgment against you after you

responded to the summons and complaint, it may be possible to

set aside the default judgment.

Finally, creditors do not have to accept what you can afford to

pay on their debt.

Read more
Answered on 11/18/00, 2:48 pm


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