Legal Question in Credit and Debt Law in Texas
Credit Card Company...threaten court and lien. What can a lien be placed on?
I took out a credit card about 5 years ago, but I lost my job in 2005 and it went into their collections ($5000.00 balance); I began to pay a minimum amount to avoid it being outsource to an outside collection agency, but in 2006 it was outsourced due to slow minimum payment. The outsorced collection company called me, but I never responded or sent any money. Now it is Jan. 2007 they left me messages that they will sue and I need to get an attorney. I don't think I have received anything in writing about this, but I may have and was not aware of it. Can a lien or judgement be placed on me and will that affect? I don't own a house or any property. I have a 2006 impala that I am paying on, but other than that I rent. How will this effect me? Oh by the way I am back at work again. Thank you for your assistance.
2 Answers from Attorneys
Re: Credit Card Company...threaten court and lien. What can a lien be placed on?
They cannot automatically get a lien or judgment against you. They must file suit, serve you personally with the lawsuit papers, you have an opportunity to answer and they have to prove their case to the judge before they can get a judgment. If the debt is sold to a debt buyer, you have a good chance of prevailing, if you hire a consumer attorney familiar with those types of cases.
Re: Credit Card Company...threaten court and lien. What can a lien be placed on?
Based on what you have stated, it appears that you have not been sued in a court. Prior to obtaining any lien/judgement, the opposing side will have to file a lawsuit and then prove their case to the judge. If my law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]).