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debt settlement questions

Date: Wed, 09/10/2008 - 22:36

Submitted by anonymous
on Wed, 09/10/2008 - 22:36

Posts: 202330 Credits: [Donate]

Total Replies: 21


Can credit card companies ever put a lien against your property for outstanding debt/unpaid balances?
What happens to your credit score when you go through this process of not paying the cc companies and then settling with them? Do they become 'charge offs" on your credit report? if so, how long does it take your credit score to recover?


In order to lien your property, first they would need to obtain a civil judgement against you. If they obtain a judgement, then your state law will govern what they can and can't do. In Texas, they cannot take your home if you have claimed the homestead exemption. They also cannot garnish wages. What state do you live in?

Your credit score will tank immediately once the first 30 days past due is reported. Regardless of if you settle before or after charge off, it will take a minimum of 2 years before the negative impact to your score decreases. If the accounts go to a collection agency or are sold to a junk debt buyer, the score may end up right back in the crapper.


lrhall41

Submitted by NASCAR_Devil on Thu, 09/11/2008 - 04:50

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I rent out a house. The tenant left with a $250 water bill (under his name). The water told me to pay or they would put the lien on the house. I didn't pay.

Will this amount (lien) grow over the year? What happens to my credit score? I have 800+ points prior to that. What is your suggestion? I live in Virginia. TIA.


lrhall41

Submitted by on Tue, 11/18/2008 - 12:25

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the credit card company cannot, but a judge can as nascar devil pointed out. If you are settling accounts on your own or through a company, you must be aware that this can happen, not to discourage you of doing it because you may not have any other choice other than bankruptcy which is worse to your credit. This is why when joining a settlement company or diy, you may need to suffer the year or two that it takes to get through every extra dollar counts and needs to go to getting this done and fast. The sooner you get it done, the better chances of you not getting sued. I had 1 judgement and had no income and had a lein put on my home. Not a big deal all that ment was i couldnt sell it or anything till they got thier cut. the following year i got a good refund and paid it off.
your score will be shot during the process, but with being responsible and keeping current with new debts and exsisting ones after the program you will be able to repair it pretty quickly.


lrhall41

Submitted by love_my_things on Fri, 02/06/2009 - 12:09

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i dont know what to do my husband got a cut in now we cant pay any of our credit cards can they put a lein on our house. we owe 50,000 in credit unsecured debt. they are alredy closing our accounts. can they take my refrigator or washer and dryer.


lrhall41

Submitted by on Tue, 04/14/2009 - 11:23

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if you used credit cards to purchase your appliances no they cant come and get them. The only time i have heard that happening is like say personal loans through places like benificial or citifinancial were you need to list these items for collatoral. but if you dont have anything like that were you listed them as collateral they will not be able to come get your appliances


lrhall41

Submitted by love_my_things on Wed, 04/15/2009 - 05:38

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Are there certain real estate home titles that lien can not be attached to by a credit card company on an unsecured debt?
Is it common practice that a credit card company would try to lien a persons home if he can not pay his unsecured debt at this time/


lrhall41

Submitted by on Tue, 05/05/2009 - 06:08

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I have a judgement from a collection agency that was ONCE my Discover card. THEY called and threatened to file a lein on my bank accounts and make us sell any real property to pay the debt. CAN they do that? I live in TEXAS....


lrhall41

Submitted by on Fri, 06/05/2009 - 07:56

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will you have to sell your home when credit cards put a lien on them? or will they just have to wait for a time when you would want to sell


lrhall41

Submitted by on Sat, 06/27/2009 - 06:02

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They cannot make you sell the house. They have to wait until you choose to sell it and then they only get paid after the secured mortgage holder(s). And that is if they can even get a lien on it or consider it worthwhile and you can always settle with them to remove the lien if you pay them an agreed amount.


lrhall41

Submitted by on Sat, 06/27/2009 - 06:38

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If I have a PETITION to attach with Notice, Can they attach to my home? I owe appx. 10,00 in unsecured credit card debt and just received this notice yesterday, Today, I have contacted a bankruptcy lawyer but have not received a call back. I live in New Hampshire...What does the Homestead Act mean, and could it apply to me, Also, Does this mean, I cannot sell the house or refinace with this attachment on the property. I guess, I really dont understand what this attachment could do to me. Can you please advise. What could be my options, go to court and beg for mercy or file for bankruptcy? I do my mortgage with a roomate, But that is not always dependable, I am still responsible for all home repairs and my credit is totally shot anyway, What can I do? I feel like I am drowning and they are holding my head under water to finish me off.


lrhall41

Submitted by on Wed, 08/19/2009 - 05:36

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If I have a PETITION to attach with Notice, Can they attach to my home? I owe appx. 10,00 in unsecured credit card debt and just received this notice yesterday, Today, I have contacted a bankruptcy lawyer but have not received a call back. I live in New Hampshire...What does the Homestead Act mean, and could it apply to me, Also, Does this mean, I cannot sell the house or refinace with this attachment on the property. I guess, I really dont understand what this attachment could do to me. Can you please advise. What could be my options, go to court and beg for mercy or file for bankruptcy? I do my mortgage with a roomate, But that is not always dependable, I am still responsible for all home repairs and my credit is totally shot anyway, What can I do? I feel like I am drowning and they are holding my head under water to finish me off.


lrhall41

Submitted by on Wed, 08/19/2009 - 05:36

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Hi. Seems like lawyers are really getting in on the credit collapse... I was just served a summons to appear in court regarding an old SEARS card, (of course now it is a big law firm representing them...) for around $3100. They didn't even try to work with me.
I have been unemployed for two years now, following a rattlesnake bite, a divorce (which the debt is from) and losing my full time job. I do not get unemployment benefits. I am on food stamps. My partner is worried that they will try to get a civil judgment to put a lien on the house which we own jointly. Is that really possible? I am hoping that is not possible because my partner is now all upset over how this might effect his investment in the house, etc. I have managed to settle on all the other cards in the past, and I am paying on two others in payment arrangments for now... but with no income... can they really lien my house? Do I need a good lawyer to fight this? What should I say or not say when I go to court?


lrhall41

Submitted by on Thu, 07/22/2010 - 20:32

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how old is the account?? When was your date of last payment? SOL for colorado on credit cards is 3 years...

It they get a judgment against you, your property will be leined. If the debt is out of SOL, that is your defense to answer the summons. You still need to appear in court as well.


lrhall41

Submitted by SOAPLADY on Thu, 07/22/2010 - 21:05

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I recently purchsed a new home. I still own our prior home with a first and second mortgage. We are going to try to rent it. In the event that I would have to short sale or forclose on the rental property. Could the bank who hold the first and second put a lean on my new home?


lrhall41

Submitted by on Sat, 05/14/2011 - 15:02

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