leins
Date: Fri, 01/25/2008 - 18:45
I am confused...did you not know when the court date was? well
I am confused...did you not know when the court date was? well I highly doubt thst they are going to do anything to your real property for $1,300.00..have you tried working out payment arrangements with them? They aren't going to take your home from you for $1,300.00..what state are you in?
Do you own the house outright? What state do you live in? As far
Do you own the house outright? What state do you live in? As far as I know they cannot take your house for $1300, if you wanted to sell your house their lien would have to be satisfied.
A lien by itself will not let them come and take your house.
A lien by itself will not let them come and take your house.
In most cases that lien will just be recorded with your County recorder. That really just means you can't ever sell that house until the lien has been paid.
In some situations they could motion for attachment, and if granted they could attempt to sieze the property. However all states have "exemptions" which will prevent some/all property from being seized.
For example, Illinois has a homestead exemption of $15,000 for a debtors residence:
Quote:
(735 ILCS 5/12????????901) (from Ch. 110, par. 12????????901) Sec. 12????????901. Amount. Every individual is entitled to an estate of homestead to the extent in value of $15,000 of his or her interest in a farm or lot of land and buildings thereon, a condominium, or personal property, owned or rightly possessed by lease or otherwise and occupied by him or her as a residence, or in a cooperative that owns property that the individual uses as a residence. That homestead and all right in and title to that homestead is exempt from attachment, judgment, levy, or judgment sale for the payment of his or her debts or other purposes and from the laws of conveyance, descent, and legacy, except as provided in this Code or in Section 20????????6 of the Probate Act of 1975 |
What this means is that a debt would have to be greater than $15,000 before they could attempt to take your house away. Anything less is "exempt".
Whatever your state, there is an exemption somewhere in the laws, and I'm sure the $1300 you owe CACH is a lot less than the exemption. I'm sure you can consider your home safe; just you will need to pay it before you can ever sell the property.
