Legal Question in Credit and Debt Law in New Jersey
I have had a lien placed against my property. The lienholder's attorney refuses to provide me with a copy the lienholder says I executed. All I ever received from the lienholder is a copy of the agreement wherein he executed the agreement, but my signature does not appear. The copy I have has nice blue stamp saying COPY. This attorney keeps asking for information regarding my SS#, License #, employment information etc., and if I don't complete this form and return it, he will have me arrested. I'm willing to cooperate with the lienholder and his attorney, all they do is threaten me. What are my rights regarding this form and the contract I supposedly signed that I don't recall signing. Can I insist on receiving a copy with my signature on it, before I pay this lien off? I admit I owe money but I feel it is far less than what they claim. Also do not all agreements require the signatures of all partie involved in order to be considered binding?
2 Answers from Attorneys
It definately sounds like you need an attorney to help you resolve this issue. There is a certain process which the lienholder is required to take in order for the lien to be valid. We need to see if they properly folowed this procedure, or they must remove the lien, regardless of payment by you. You are also entitled to see copies of all documentation they are relying upon, including a signed copy of the contract upon which they are relying. Please call me at 732-663-1500 to discuss this matter further.
If you are being asked questions about your personal information and employment data, I think that more is involved than simply a lien. My guess is that the other party already has a judgment against you and is attempting to collect it. You probably can't negotiate your way out of this yourself and you should not disregard the threat of arrest. Get the help of a business lawyer and find out what is really going on. /p/ See also: http://info.corbettlaw.net/lawguru.htm