Legal Question in Credit and Debt Law in Pennsylvania
I have a credit card that is in default and is in the company�s legal department, I�ve tried several times to make a payment plan agreement with them, to get told that my payment is not enough. I explained how much I can pay and how often I can pay. This amount that I can pay equals to all of the monthly interests, plus. They continue to try to use �scare tactics�. Could they put a lien on my property? Tthe amount owed is nowhere near the value of my home. Should I just continue to make payments as I offered or what should I do?
2 Answers from Attorneys
First you should get the name of the individual you are dealing with, his address and the company he works for. Second, he cannot put a lien on your property without first taking you to court. You should pay what you can and send it to them, because if you are sued, then that will work in your favor with the judge, and will lower the amount you owe. If they send the check back, again, this will work in your favor because it is evidence of your desire to pay.
If you are sued in District Justice (small claims) Court, they generally cannot put a meaningful lien against your real estate, especially if you have mortgage. Second, if they are using "scare tactics" against you, they might be in violation of the Fair Debt Collection Practices Act. A summary of this law can be viewed at: http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm.
The law provides for a $1,000 payment to you and payment of your attorney fees.
Finally, if you are married, and the debt is in your name only, and not your spouse's , and your home and other property is jointly owned marital property, they can't recover against any such property.
If you feel that they have violated the Fair Debt Collection Act, yo should see an attorney immediately. Otherwise
NO! Don't deal with them and don't make payment arrangements without first talking to an attorney. I give free email consults and can discuss the specifics of your case with you in confidence.
Can they put a lien on your home. Yes they can, but first they much get a judgment against you.
If you want to make payments, they will want that but on the full amount of the debt. Payments are usually about 2% to 3% of the debt.
Payment plans in Pennsylvania make little sense, unless they are threatening to seize and sell your assets after entry of judgment. It would be more effective for you to save up until you have approximately 50% of the amount of the debt (plus any interest that has been added) and then try to settle the debt. Most creditors will settle for between 50% and 80% of the judgment. Beforee judgment, the amounts can be less than 50%. All depends on who the creditor is and what assets you have.
Stop trying to deal with yourself. Please get some help. You can contact me at [email protected] if interested.