Debtconsolidationcare.com - the USA consumer forum

Midland Credit Management Lein?????

Date: Sat, 10/07/2006 - 08:59

Submitted by adelgado2
on Sat, 10/07/2006 - 08:59

Posts: 10 Credits: [Donate]

Total Replies: 6


Can a collection agency:

1. Put a lein on your house and force you to sell.
2. Sue you without the original creditor's permission.

And what are the chances that they will be successful?


Once the debt is sold to the collection agency, it's their debt. So no, they don't need to get permission from the original creditor to sue.

Putting a lien on your house is extremely drastic..They can't collect for more than the debt. This sounds like a bullying threat to me. They can and will take you to court and get a judgement to garnish your wages..Unless you are in Texas, The Carolinas, or Pennsylvania, where garnishing for consumer debts is illegal. In those states, they can force you to sell certain personal items or seize your bank account.

What is the debt for? And what collection agency are you dealing with? are they making threats?


lrhall41

Submitted by finsfan13 on Sat, 10/07/2006 - 09:05

( Posts: 6919 | Credits: )


Have they threatened you with a lien?

What they do with repos, is they take them to an auction as sell them. What they get for it they put towards the amount owed on the car, so you've probably get a debt of several thousnad dollars, plus collection fees. You need to do a few things..Validate the debt, first of all. Then try to work out payment arrangements with them. Have you tried this yet? Do you know the amount of the debt?


lrhall41

Submitted by finsfan13 on Sat, 10/07/2006 - 09:16

( Posts: 6919 | Credits: )


Over 12K. I attempted but they said they don't validate the debt, they just send a letter to collect the debt that they have been sending. They also wanted more than I offered or could afford for a monthly payment.


lrhall41

Submitted by adelgado2 on Sat, 10/07/2006 - 09:22

( Posts: 10 | Credits: )


That's a lot to garnish. Have you talked to an attorney? You may want to consider calling one, a lot of them offer free phone consultations. It can definitely help you get your ducks in a row and figure out what you need to do..

I was assuming the debt was for less than $5000, to be quite honest, I don't know WHAT kind of measures they can take on a debt that size. Good luck, please let us know what you find out.


lrhall41

Submitted by finsfan13 on Sat, 10/07/2006 - 09:25

( Posts: 6919 | Credits: )