Legal Question in Credit and Debt Law in Massachusetts

Re: Is there anything I can do to remove a lien?

You will probably need the assistance of an attorney.

Re: Is there anything I can do to remove a lien?

The Fair Debt Collection Practices Act provides that a debt collector ( attorneys included) send the debtor a validation letter either in the initial communication (which may be oral or written) or within five days thereafter (which must be written). Within 30 days upon receipt of such communication, the debtor has the right to dispute the debt. This dispute inquiry mandates that the debt collector cease all collection activity until such time as the verification is provided. The issue in your situation is what happens when a debtor disputes the debt after the 30 day period.;))The other central issue is, assuming the judgment was invalid, whether the debt collector attorney threatened to take an action he legally could not take ( which would subject him to civil liability under the FDCPA).

Insofar as the Massachusetts Homestead Act is concerned, the act has several different exceptions which may or may not be applicable depending upon your specific circumstances ( eg.. governmental taxes, voluntary mortgages, certain types of judgments and debts contracted for prior to the acquisition of the homestead). Please feel free to contact my office direct for a free initial consult based upon the facts of your specific situation

Re: Is there anything I can do to remove a lien?

You need to consult with a consumer attorney immediately.

This office handles many consumer issues.

Re: Is there anything I can do to remove a lien?

You should review this entire situation with an attorney retained by you to review all documentation.

Good Luck!

Re: Is there anything I can do to remove a lien?

Just one thought regarding your situation. It sounds as though the other party has obtained a judgment against you.

This judgment is not a consumer debt, and is therefore not governed by the Fair Debt Collection Practices Act.

You may want to speak with an attorney who can review your case and recommend a course of action.