Legal Question in Credit and Debt Law in North Carolina
Credit Card Debt
My husband's job is slow (employer will not layoff). We have credit card debt totaling $7500. Every month we have been paying between $50 and 100 to each of them. We are unable to pay anything this month and they are calling continuously through the day. Can the put a lien on my house? Can they do anything? Payments will resume next month and when we receive our tax returns in March, we will pay them off.We have tried speaking with them in regards to this plan, but they all want $300+ upfront first. If we had this, we wouldn't be having a problem.
1 Answer from Attorneys
Re: Credit Card Debt
They can't put a lien on your house without suing you, winning, getting a judgment, sending you a notice of right to claim exemptions, and then executing (and they would only get the lien if you had enough equity in the house after your exemptions and mortgage balance, and if they got a judgment against both of you (if the house is in both your names).
Just in case, keep a log and start taking notes of every call you get - name, person, date, time and exactly what they said. Do research on the internet about debt collection and practices. In your situation, do what you can to delay them and then you can pay them off in March. If they end up suing you, then make sure to answer the complaint (after asking for an extension of time) and also consult with a bankruptcy attorney.
do a google search of debt collection privacy rights.
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