Legal Question in Credit and Debt Law in Texas

Wrongful Lien?

I have a judgment against me due to credit card debt in the amount of around $4500.

A collection agency placed a lien against property owned by my father due to the judgment against me. My dad tried to clear it up at the courthouse but they stated that the retraction had to come form the collection agency. So, he contacted the credit agency and they told him that they didn't care that it was his property, I had lived there at one point so they intended to leave the lien in place.

I did rent the property from him for around 4 years, but it remained his property then and still is now. I haven't lived there in over 2 years at this point.

We both have the same name, just Sr. and Jr.

Surely the debt collectors cant do that to him.


Asked on 10/23/08, 5:06 pm

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: Wrongful Lien?

You need a lawyer to remove the lien...

the Civil Practices and Remedies Code, Section 12.002,

(a) A person may not make, present, or use a document or other record with:

1. knowledge that the document or other record is a fraudulent court record or a fraudulent lien or claim against real or personal property or an interest in real or personal property;

2. intent that the document or other record be given the same legal effect as a court record or document of a court created by or established under the constitution or laws of this state or the United States or another entity listed in Section 37.01, Penal Code, evidencing a valid lien or claim against real or personal property or an interest in real or personal property; and

3. intent to cause another person to suffer:

(A) physical injury;

(B) financial injury; or

(C) mental anguish or emotional distress.

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Answered on 10/23/08, 6:03 pm


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