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Can they take house in California for unsecured credit card debt?

Submitted by on Sun, 03/15/2009 - 08:11
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If a credit card that I defaulted on and they were granted a judgment against me, could they take our house or any personal property like furniture, electronics, etc.? My husband is on the title also and owns most of these and had no knowledge of these debts. Help!


This is totally untrue. No unsecured debt can put a lien against anyone's home unless the owner of the home used home equity to aquire money to pay off those debts. This happens all the time and it is foolish. When this is done the customer is making an unsecured debt a secured one and therefore is allowing the home to be collateral against an unsecured debt. Never a good idea.


Submitted by on Tue, 09/08/2009 - 12:16

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A judgement is NOT an unsecured loan! They can put a lien on any assets including a home, bank account and even garnish pay! If they put a lien on your home you will not have it removed until you pay the judgement! That means you can't sell it or take a second mortgage. Guest above is terribly misinformed! Soap Lady who spent her career in the business of collecting is correct!


Submitted by Frogpatch on Tue, 09/08/2009 - 12:26

Frogpatch

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You are correct that a judgement is different, however you are failing to mention in all your experience collecting debts that judgements on unsecured debts only occur in todays market if the customer sits on their hands and allows it to happen. In todays market and with todays banking protocols there are several ways to prevent a judgement from occurring on an unsecured debt. These ways include the increasingly popular debt settlement process. This is a simple program that involves hiring a company who can negotiate the principle balances of your unsecured debts to far less than owed and gaining approval from the creditor to satisfy that debt for that smaller amount. This process is accepted by banks, collection agencies, attorneys, and other creditors before judgements are passed. I have experience in the settlements of thousands of debts with all of these types of creditors and it is true. In fact with the changes that have occured within the banks since last september they have become even more flexible with regard to the terms of settlement than ever before historically. This is making these programs very attractive and easy for consumers who have been blindsided by this turning of the economy and simply cannot afford anymore, to pay their debts on the original terms they were given by their creditors.


Submitted by on Tue, 09/08/2009 - 13:15

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Doing debt settlement will not stop any collector from suing and obtaining a judgement, in fact it may even increase the chances of a lawsuit.

But anyway, this is a moot point in this case. The original poster was talking about a judgement against them and it does no good answering a specific question with every other "you could have done" that they could have done.


Submitted by Chrys Henderson on Tue, 09/08/2009 - 23:52

Chrys Henderson

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what kind of help is out there to help people who , cannot file bankruptcy .
Or who cannot do debt consolidation . This is so frustrating . we have to equity on our house to do bankruptcy . And we can't afford monthly payments to do
debt consolidation . I am really confused . I will have to sell my house . And with the little money I get from the sale , I'll pay the debt off .
Is there any other help out there .
If Donald Trump can file for BANKRUPTCY , WHY can't we . There's laws to protect him but none to protect me and a few million others . I don't know what else to do .


Submitted by on Tue, 02/02/2010 - 09:32

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http://www.virginia-bankruptcy.com/exemptions.html

This should help out a little, from the looks of it, you should be able to keep it as long as your payments are up to date. It is always best to consult with a bankruptcy attorney in your state though, most of the time the first visit is free, they will see if it is right for you.


Submitted by pokertramp on Mon, 02/22/2010 - 06:06

pokertramp

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Thank you for the suggestion. I am UE for the past 7 months, and my husband now 1 month. We are current on mortgage but stuggeling, two cc are in default, but the rest are current. He had emergency gallbaldder surgery and the insurance cut off the night before surgery, unkown to us. This happened on the 4th of January 2010. We have worked with mortgage relief and cc consolidation. At htis point it is getting uglier and no light at the end of the tunnel. We sought the relief programs over 5 months ago.
I am terrified, we do not want to loose our home that was just completed building just in the past year, that took over seven years to buld.
Blood, sweat and tears have gone into it, and it was the last home of lifetime. We are both 51, broke, no mutuals, 401 ks.
Busted, flat and broke?
When seeking a BR lawyer please advise what to ask to ensure that we have the best representation and we do not loose our home?


Submitted by on Mon, 02/22/2010 - 06:25

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Quote:

Originally Posted by Anonymous
Thank you for the suggestion. I am UE for the past 7 months, and my husband now 1 month. We are current on mortgage but stuggeling, two cc are in default, but the rest are current. He had emergency gallbaldder surgery and the insurance cut off the night before surgery, unkown to us. This happened on the 4th of January 2010. We have worked with mortgage relief and cc consolidation. At htis point it is getting uglier and no light at the end of the tunnel. We sought the relief programs over 5 months ago.
I am terrified, we do not want to loose our home that was just completed building just in the past year, that took over seven years to buld.
Blood, sweat and tears have gone into it, and it was the last home of lifetime. We are both 51, broke, no mutuals, 401 ks.
Busted, flat and broke?
When seeking a BR lawyer please advise what to ask to ensure that we have the best representation and we do not loose our home?


Cheaper is not always better with lawyers. Look for one that has a good reputation some even have info on the BBB site, look for A ratings. You can also call the state BAR and they can refer you to one...also I think NACA.net has attorneys for bankruptcy.

As for what to say, all you need to do is tell them what you want to keep and what has to go, which they will decide by the laws on exemptions.


Submitted by pokertramp on Mon, 02/22/2010 - 15:50

pokertramp

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Fuck them all, and watch them fall!!! All of the above are pussies, when a debt collector calls pick up the phone and say "go fuck yourself" and hang up. They can't do shit. Collectors are nothing, they are just dumb fucks who cannot find jobs, Collection companies hire anyone to collect on commission. They can never ever take your house away from you or your husband. Credit Card goes in to default, they sell or assign your debt to collection company. Once you see on your credit card charge off-that means they have writin off your debt as a bad debt and assigned it to a collection company. Two types of collections (assigned and outside collection) assigned collections are part of the creditor, outside they prob. bought your debt for pennies on the dollar, but forgot to pick up all the original paperwork. lol. Call up the collection, and say validate my debt, with the original application and all the paperwork. Chances are they are not going to have any paperwork. After all that fails, just sit in your newly built home and enjoy rest of your life with your spouse, again they can NEVER EVER touch your property with a judgement, to much cost.


Submitted by on Wed, 07/28/2010 - 21:58

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I owe $8.000.00 of credit debt and they put a lein on my house in Calif. I am still making mortgage payments and own $175.000.00. Can they take the house?

Buddy


Submitted by on Tue, 12/18/2012 - 08:23

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