Legal Question in Credit and Debt Law in Pennsylvania

I just sent a question & got an answer,but I forgot,collection agency puts judgement against me,can they put a lein on my house?The house is in my husbands name & mine.How will they collect if they won't make an agreement with me?


Asked on 5/11/11, 2:12 pm

2 Answers from Attorneys

A judgment acts as a lien against any real property that you own. If the house was owned by you and your husband, it would be a lien on your share. If and when the house was sold and if the judgment was not paid, the creditor would grab your 1/2 of any equity. The creditor cannot force a sale of the home. A husband is not liable for his wife's credit card debts and vice-a-versa, as long as your husband is not a co-applicant for the card.

Judgments can remain on real property for 5 years and can be renewed every 5 years.

Even if the judgment expires, that does not mean that it goes away. Its still there.

Creditors don't want your house, your pots and pans, your furniture or clothes. They are looking for things they can seize easily and sell if they are things rather than money, like a car.

As I said, save up your money. The creditor will get paid, but they will have to wait until you have the funds.

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Answered on 5/11/11, 2:20 pm
Andrew Solomon Law Office of Andrew A. Solomon

I'm sorry, but Ms. Hunter is wrong. in Pennsylvania, a creditor who has a judgment against only one spouse CANNOT attach or put a lien on property that is jointly owned by husband and wife. I see she is from North Carolina, and the law in PA is completely diferent. A creditor must have judgment against both you and your house before he can take any action against marital property.

Nevertheless, there are papers that must be filed with the court if the creditor attempts to put a lien on your home or attach and sell your personal property. Also, it depends how much the judgment was for and whther it was credit card debt. Generally, consumer debt, such as credit card debt, in PA can only be used to seize personal property as opposed to Real Estate.

You should see a lawyer as soon as possible, and bring your papers. An initial meeting should be free or very inexpensive.

Each state has its own laws concerning judgments and liens, and in my experience, PA law is very favorbale to debtors and there may be several options available to you.

Good luck, and if you have any further questions, feel free to contact me.

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Answered on 5/11/11, 4:40 pm


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