Legal Question in Credit and Debt Law in Tennessee

credit card debt judgement

My 47 yr. old disbled son is summonded to court in TN for credit card debt he will never be able to pay. He understands that anything of over $4000 value can have a lein placed on it. He is very poor and owns nothing of that much value. He does have half ownership in old farmhouse that his grandparents left to him and his brother jointly. He lives in this house. Dis. son was severely injured in an accident 3 yrs. ago and will never be able to work. The driver who hit him had no insurance. My son's S.S.income is approx.$800. After paying iving expenses he sometimes doesn't have food to last the month. I try to help him, but don't have much myself. The brother has told him that he is to consider the TN house his home forever, but both names will remain on Deed. The brother works and lives in FL. Disabled son would be homeless if lein is put on home or they seized property. Since it is all in both his and brother's names, can they lawfully put a lein on it or seize it? Brother is not on the credit card. Disabled son doesn't deny debt; unable to pay it & terrified of losing his home. He is already under treatment for depression and anxiety. He lives alone;asked my help with answers. Please reply quickly any hour. Thanks


Asked on 2/13/06, 3:37 pm

1 Answer from Attorneys

LAURA TEK LAW OFFICE OF LAURA TEK

Re: credit card debt judgement

I'm sorry to say that 'Yes' the creditor can get a judgment against him and put a judgment lien on the house. What the creditor does with that judgment depends on the amount of the judgment and the value of the realty. The creditor can foreclose or just let the lien sit there. Again, it depends on several factors.

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Answered on 2/14/06, 5:51 pm


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