Legal Question in Credit and Debt Law in South Carolina

Threatened lien on personal property (home)

This is Lexington County, SC. .. Voluntarily surrendered vehicle in 1998. The car loan creditor contacted me just 6 months ago about collecting the balance due after they sold it. Going thru divorce, nervous breakdown, and therefore, able to do little work. We set up $50 a month, which was honored. They call today and say time is up - either pay the $4700 original amount in full or will immediately place a lien on home for ~$7300! There is no way I can get the $4700 and I told them so. They are moving forward to place a lien. Very nasty, rude, etc., and telling me I was being unreasonable, etc. ... So, exactly what is a lien and what does it mean. They say they can take the home away from me. .. What to do? I'm so upset and confused.


Asked on 3/21/03, 3:50 pm

1 Answer from Attorneys
Otto Ferrene, jr. Ferrene & Associates, PA

Re: Threatened lien on personal property (home)

You need to see a lawyer. You may owe the debt as demanded, or not. You did not tell me about the process of the sale of the auto. It may have given more credit that you think or they may not have followed the rules as they should have done. They can't just put a lien upon your property because they want to do it. To so threaten may be a violation of the Credit Practices Laws of South Carolina. I will be hapy to recommend an attorney in your area for consultation if you contact me by e-mail.

Read more
Answered on 3/21/03, 4:22 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in South Carolina