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Need Advise on home lien garnishment

Date: Mon, 05/22/2006 - 14:46

Submitted by Not so Lucky
on Mon, 05/22/2006 - 14:46

Posts: 3041 Credits: [Donate]

Total Replies: 16


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.


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.


lrhall41

Submitted by LCW on Mon, 05/22/2006 - 14:51

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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


lrhall41

Submitted by john on Mon, 05/22/2006 - 14:54

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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 :-)


lrhall41

Submitted by on Mon, 05/22/2006 - 17:05

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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.


lrhall41

Submitted by Not so Lucky on Mon, 05/22/2006 - 19:05

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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.


lrhall41

Submitted by Linder Lou on Tue, 05/23/2006 - 06:58

( Posts: 87 | Credits: )


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.


lrhall41

Submitted by Not so Lucky on Tue, 05/23/2006 - 09:36

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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.


lrhall41

Submitted by lefty832 on Tue, 05/23/2006 - 14:06

( Posts: 46 | Credits: )


Tammy,

I'm glad to hear the good news for you. I knew something was odd about the situation. It seemed weird that they would try to garnish your hubby's wages since the account was in your name only. I don't understand how just anyone can put a lien on a house like that but I really am not sure about those things. Keep us updated on your progress :)


lrhall41

Submitted by Cow & Chicken on Tue, 05/23/2006 - 16:32

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