Legal Question in Credit and Debt Law in Pennsylvania

Credit Card Lein

About 16 yrs ago my father had carpet installed in his home. the purchase was made to a credit card. he had some issues with the installation that the company refused to correct so my father never paid the bill. recently, my brother purchase my fathers home with a clean title search through the bank who is financing the mortgage. the company to which the credit card purchase was made is now filing a legal action against my brother. apparently, there was a lein on my fathers home for this credit card bill. the carpet which was initially $1900 has now singing a tune of $9000. several years passed before the company contacted anyone regarding the bill - now suddenly it has popped up again. Is there a statute of limitations on this as it is more than 15 years since the purchase? Also, can the house be leined for a credit card debt? The company has sold the account to a firm that is threatening to file legal action. The firm isn't even using the original date of purchase, their date is much more recent. Is there anything at all that can be done to have this lein removed outside of paying $9000 for a $2000 carpet. They have refused all offers less than than the $9000. Why didn't this come up in the title search?


Asked on 4/13/06, 2:54 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Credit Card Lein

A contractor can put what's called a "mechanics lien" on a property for unpaid invoices related to work on the property.

If such a lien was placed on the property, it should have shown up on the title search, and if it was there and didn't show up on the search, possible action would lie against the title search company.

If, however, there is no such lien, the creditor would have no recourse against anyone other than the person who didn't pay them...or that person's estate if it's still open.

This needs to be investigated further to determine whether a judgment was ever lodged against your father and, if so, when. Also, to determine whether a lien was ever entered and if so, when.

At this point, I wouldn't suggest paying anything to anyone until the matter is resolved. Certainly your brother should not acknowledge that it is his bill or that he has any responsibility for it through your father.

You should contact an attorney who can do the necessary research, or you can do the research and contact an attorney at that point to get advice about how to proceed.

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Answered on 4/13/06, 6:25 pm


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