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Posted: Mon May 22, 2006 2:46 pm Subject: Need Advise on home lien / garnishment

I have posted recently about my ordeal with HSBC and Finklestein, Kern, Steinberg and Cunningham and I am taking a big chance here, but tomorrow I am going to speak to an attorney in Memphis that deals with fdcpa law violations. I am going to pursue the attorney that handled the case for HSBC for violating the law by threatening lien on our home and garnishment of hubby paycheck where is isn't even on the account. I have come to learn that they can't put a lein on the property for unsecured debt from people on this site. I need your opinions on this matter. Am I wasting mine and the attorneys time or is it worth the drive to nail this guy for lying? Also, I am going to find out the steps about going after HSBC for withholding payments. In the communities opinion, is this also worth going after a big company like this? Any advise would be appreciated.

Posted: Mon May 22, 2006 2:48 pm Subject:

I do not have any advice but I would like to wish you the best!!

Posted: Mon May 22, 2006 2:51 pm Subject:

Hey Tammy, if it helps your case I know for a fact a complaint for violation of the fdcpa was filed with the Illinois Attorney General Against HFC/HSBC last month (as I'm the one who filed it!!). HSBC's responce was so vauge it wasnt even funny, and it was obvious that they have poor documentation standards.

Posted: Mon May 22, 2006 2:54 pm Subject:

Hi Tammy,

If you take my suggestion, I insist you to consult with the attorney in this matter. The credit card company has the right to garnish the wages after they win a judgment. But they don't have the rights to put a lien on property unless it has been specifically mentioned in the contract. However, state laws vary from state to state. So, you must take a consultation from the attorney first.

If HSBC has not mentioned in the written contract about putting a lien on the property in case of default, your attorney will make your case

Posted: Mon May 22, 2006 4:27 pm Subject:

Tammy do you live in a community property state.

MsCallieCat · Posted: Mon May 22, 2006 5:05 pm Subject:

Clay,

What type of violation did they break regarding the fdcpa laws? I thought this was for third party collectors but I know how harassing this company can be. Tammy, I say check with your attorney tomorrow to see if you have a case or not. I think it is worth going to the appointment for Smile

Posted: Mon May 22, 2006 5:48 pm Subject:

To clarify , fdcpa does apply to collectors, not original creditor. My complaint was for violation of 815 ILCS 305/15 and 47USC223. The illinois telephone auto dialers act and title 47 of the US code Re;Harassment.

MsCallieCat · Posted: Mon May 22, 2006 6:00 pm Subject:

Really? That's interesting news, where could I find such info for my state? I live in Ohio and they are calling me 3-5 times per day without leaving messages.

Posted: Mon May 22, 2006 7:05 pm Subject:

john,

How can they threaten to garnish his check when he has nothing to do with the account. There is nothing that I can find in the ontract that states that they will put a lien on the property if default. HSBC was the ones in the wrong for lying, not posting the account. I am going to do some research tonight on HSBC and see what I can come up with. Thank you guys for your advice. I will let you know what he says tomorrow when I get home.

Posted: Mon May 22, 2006 7:10 pm Subject:

Tammy, just want to wish you luck with your pursuit. I'm sorry I don't have any advice to lend you but will keep you in my prayers. Keep us up to date on what happens.

Posted: Mon May 22, 2006 7:44 pm Subject:

Tammy, good to hear you're going to meet with the lawyer, I'm sure it wil be worth the drive. Have you gotten the paid in full statement yet? I will keep you in my thoughts and let us know how it goes. Smile

Posted: Tue May 23, 2006 6:58 am Subject:

Tammy,

I have been told by people on here and by 3 real life attorneys that: If you show proof of working with consolidation or settlement company that the judge will throw out the judgement because they respect the fact that you are trying to "DO SOMETHING" about it.

SO, I am holding those words to the gospel. I wish you luck and keep us posted.

Posted: Tue May 23, 2006 9:36 am Subject:

Ok, here's the deal. Attorney Hart stated that I do have a case against the a@#holes that represented HSBC. He violated the law by threatening to put a lien on our home. They cannot put a lien on any type of unsecured debt. Since the law office has yet to send a paid in full statement, Mr. Hart will be contacting them this afternoon and giving them 48 hours to get a letter sent. If I don't receive it by Friday, call him and we will go further on the letter. They can't garnish hubby's wages, becuase the card is in my name and he has nothing to do with the account. The question is now being raised as to why they are accepting the payments from consolidation on hubby's account with 0% interest, $18.00 a month and they were not posting the account from my card, refused to drop the interest rate, and sued me. I said he is excited to see what their response will be. He stated we will wait for a response from the attorney and HSBC before we sit down and decide on damages and amount. Also, I could get back some of the money paid because I was forced into a situation that could have been avoided if they were doing their job right. Mr. Hart also stated that HSBC is suing alot right now because the new bankruptcy laws are back firing majorly against the credit card companies and this is their way of getting the first punch in.

Posted: Tue May 23, 2006 9:40 am Subject:

That is good news for you! I'm glad to hear it. I'm not glad to hear that they are suing more though, we have a couple of cards with them so I hope they don't come after us. Congratulations, Tammy!

Posted: Tue May 23, 2006 12:03 pm Subject:

Tammy,

That is great news! I'm glad you consulted a lawyer, and hopefully you can get some answers. It's a shame that a few bad people like the attorney representing HSBC give a bad name to everyone in the business.

Posted: Tue May 23, 2006 2:06 pm Subject:

This is something that I can't get thru my thickhead. If the CCs would lower the interest rate and let you pay what you can until your back on your feet everybody wins . There would be no BK, people would pay their bills and CCs would get their money. But who am I to say anything I like onion and peanut butter sandwiches.

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