Legal Question in Credit and Debt Law in Massachusetts

Re: Can a credit card company put a lien on your house?

Pursuant to Massachusetts Rules of Civil Procedure 4.1, a plaintiff creditor (in this case the credit card company) can place a prejudgment lien on the real property of a defendant debtor to secure property necessary to satisfy a potential judgment. The plaintiff must prove; 1) a reasonable likelihood of success on the merits of the case, 2) a reasonable likelihood the plaintiff creditor will recover a judgment which equals or exceeds the amount sought to be attached and 3) the defendant debtor does not have liability insurance which covers the amount of the debt. The caveat is each debtor within the Commonwealth of Massachusetts has a $500,000 homestead exemption in the equity of their primary personal residence pursuant to Massachusetts General Laws Chapter 188, Section 1, as long as a "declaration of homestead" is properly filed. Certain exceptions apply to this exemption. Feel free to contact my office for a full explanation of the specifics of this exemption.

Re: Can a credit card company put a lien on your house?

If they take you to court and obtain a judgment against you they can levy the execution they will receive from the court as a lien against your real estate, and upon allowance of a pretrial motion may obtain an attachment to secure their priority for such a lien as they can show the court they expect to prove against you.

Consult an attorney as there may be steps you can take to prevent this. Good Luck!