Legal Question in Business Law in Virginia

Can credit card companies put a lien on my property without my knowledge or any notification? I have successfully negotiated with four companies but never heard from these companies I am afraid of later repercussions from them. need best advice.


Asked on 4/25/10, 3:03 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

No one can put a lien on your property for any reason (except possibly a Mechanics Lien by a workmen, which is very, very narrow and limited, and maybe the tax authorities) without FIRST filing a lawsuit. You must be given notice of the lawsuit and officially "served" with the lawsuit. You would have the chance to RESPOND to the lawsuit. Only after (IF) you lose such a lawsuit, and the judge makes a decision, THEN could they begin collection.

If a debt collector is threatening to put a lien on your property or garnish your bank account or your wages, THEY ARE LYING, which is a violation of the Fair Debt Collections Practices Act. You could sue them for violations of the FDCPA and possibly win money from them.

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Answered on 4/30/10, 7:23 pm


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