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Help!!! Can a lien be put on my house by a lawyer for the oc on a credit card?


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I am really scared now and can use some advice from anyone who has been there. I got a letter from a lawyer for a credit card debt of my husbands. I called them and made payment arrangements over the phone. (the first of which they took out last week) I did this before finding this site and seeking knowledge. Anyway after reading this site I realized that I was paying a lawyer for a credit card but didn't really know if he represented the company or not. ( I failed to DV on his first letter, I just called) Well rather than stop the payments I decided to send them a dv letter anyway. WRONG MOVE????

A lady called from the company screaming and yelling about me playing a game and all bets were off she was cancelling our payment arrangement and would no go for suit. I told her that I only wanted to be sure I was paying the correct people. Didn't believe me threatened me with suit and said she would put a lien on my house. I told her (when she let me get a word in) that this was my husbands account anyway so why is she talking to me about it. She says that there is now law except in MA that says she can't discuss his bills with me. Anyway can she really put a lien on my house. (it is up for sale so we can get out of debt). What should I do now. She told me i had her number when I come to my senses. Isn't it fair to ask for some proof that they have the assignment even if it is after 30 days from the first letter???? How much trouble have I gotten my self into here????

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They are just scaring you... they need to sue and win their case first before they can put a lien on your house.

You can ask for validation but at this point they do not have to give it. The mere fact that payments have been made means that you are admitting this debt is yours (or husband's).

Call the OC and try to work out a payment plan if you don't want to deal with this collection agency.

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Thank you both for the help. I don't want to deal with this agency at all now. I would prefer making arrangements via the oc if it is possible and they will comply. I just don't want a lien on my house for an $800.00 credit card debt. She did say that she was going to sue us and try to get a judgement on this account. The way our court works. ( I just did this last week with my same credit card) They usually ask if mediation would help and if so they send off to a room with another person and work out arrangements. I protested the amount with my card and the judge went into a room with a telephone and we worked out the amounts and all in her chambers. She refuted the 29 pecent interest and bought it down to 11 percent and his fees were removed and she disputed a couple of others helping us a lot. Then we said "we agree" and that was that. I want to pay off the debt I just wanted to make sure they were the rightful owners. Is it true that she can discuss his money matters with me in the state of Florida?

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She says that there is now law except in MA that says she can't discuss his bills with me.

Hogwash ! Besides, YOU"RE not in MA, you're in FL. Under the FDCPA you are NOT considered a '3rd party', so yes, you can discuss your DH's debt.

Anyway can she really put a lien on my house. (it is up for sale so we can get out of debt).

Yes, but ONLY if they sue you and win a judgment against you FIRST - and that whole process can take months.

What should I do now. She told me i had her number when I come to my senses. Isn't it fair to ask for some proof that they have the assignment even if it is after 30 days from the first letter????

You send in your payment. This witch is making ridiculous threats, and the verbal abuse is a violation of the law, as are the threats because they cannot threat an action they cannot or do not intend to take.

How much trouble have I gotten my self into here????

NONE. Don't let her bully you, which is what they do. Send in your payments if you still want to pay this bill, it's unlikely that they will refuse it. The fact that you paid them anything has reset any SOL defense you might have had.

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In Florida, the only entity that can put a lien against homestead property and I assume you have homestead property, is the creditor who holds the mortgage on your property. The Florida Constitution protects homestead property (the theory being they don't want anyone to lose their home and be put out on the street with the little kiddies). You have one violation against them right there.

The payment may not have reset the SOL; it's only reset if they can prove a written agreement.

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Payment does toll the SOL in Florida. Can you give more details? If you do not want to discuss it in the open, you may send me a PM. I normally do not respond to PM's, but I will make an exception here, because I like to see lawyers get screwed. It is sort of a sick hobby of mine. :twisted:

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Payment does toll the SOL in Florida. Can you give more details? If you do not want to discuss it in the open, you may send me a PM. I normally do not respond to PM's, but I will make an exception here, because I like to see lawyers get screwed. It is sort of a sick hobby of mine. :twisted:

and hes REALLY good at it

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Payment does toll the SOL in Florida. Can you give more details? If you do not want to discuss it in the open, you may send me a PM. I normally do not respond to PM's, but I will make an exception here, because I like to see lawyers get screwed. It is sort of a sick hobby of mine. :twisted:

I am not sure what you need but I will try to give you everything I know because you are so kind to help me with this. First, my husband had a credit card for Walmart and we had some financial problems and defaulted on all our cards, making it impossible to settle with everyone at one time. I had a walmart card also and got a letter from a lawyers office in March, then a summons the first week of May. I appeared in court and spoke with the judge and she dealt with this lawyer over the phone and we ageed on payment arrangements. ( she bought the interest rate down from 27 to 11 percent and had him delete some other things so our cost was much less) anyway when I saw the letter from the lawyer for my husband I jumped called them and they insisted on $65.00 per month on the third friday. Then I SAW this sight and realized that maybe this person doesn't have assignment of this debt etc etc and sent a dv out to them. It was 30 days after and I already have made a payment to them, so I really just wanted the correct money amount that I would be paying and verification that they owned the right to collect. When they received the letter it must have sent them into a tailspin because she called screaming and telling me I was playing a game for more time and that all agreements were cancelled, she was taking me to court and putting a lein on my own. She never let me speak she just ranted. At the end she said you have my # when you come to your senses. I tried to explain that she was yelling at me but it was my husbands bill not mine and that we only wanted verification. Now I don't know if I did something really wrong of is she really in the wrong and trying to scare me. It is only a year in default so according to FL law I think it would have to be 3 or 4 years to SOL. Anyway what do think??? Have any suggestions????

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Which CA or attorney?

What papers did they have when you went to court?

How much?

Did they send you a letter telling you that they had bought the account?

On my oc I was sent a letter from GE Money Bank saying I owed the money.I made arrangements and gave them six months of checks till June of last year. They said it would settle my account and bring me current----well instead of a bill from the oc i got another ca after me ALLIED INterstate and decided I was just going to wait till things got better with us financially. Nothing came after that i just got a sheriff at the door requesting $1,015.00 plus legal fees,court cost and sheriff fees plus interest in the form of a subpeana .It only said appear at such & such court house rm xxx on May 25, 2007 @ 9:00 am. That is why I tried to handle my husbands account with the same oc but different lawyer before it went to court. Made the mistake of dving after 30 days and payment plan was arranged.

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In Florida, the only entity that can put a lien against homestead property and I assume you have homestead property, is the creditor who holds the mortgage on your property. The Florida Constitution protects homestead property (the theory being they don't want anyone to lose their home and be put out on the street with the little kiddies). You have one violation against them right there.

Regarding liens here in Florida. I've seen judgements on title for credit card debt filed on the title to homestead property. I've seen mechanics liens such as roofers or other work done on a house in which you have not paid for the work.

They can defiantly place a lien on a house IF they get the judgment. I've seen it happen firsthand.

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Yes, sorry, forgot about mechanic's liens. However, you have to be proactive on the homestead matter. Filing for homestead exemption with the clerk's office is not the same as declaring your property homestead in a court case. A lien against homestead property (other than mechanic's or through foreclosure) is not valid. You can still sell your house without satisfying the lien. The money from the sale of your homestead property has to be reinvested into another homestead property within a certain period of time.

Dive: You were the person who gave me Fla. Stat. 95.051 regarding tolling:

1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by:

(a) Absence from the state of the person to be sued.

(B) Use by the person to be sued of a false name that is unknown to the person entitled to sue so that process cannot be served on the person to be sued.

© Concealment in the state of the person to be sued so that process cannot be served on him or her.

(d) The adjudicated incapacity, before the cause of action accrued, of the person entitled to sue. In any event, the action must be begun within 7 years after the act, event, or occurrence giving rise to the cause of action.

(e) Voluntary payments by the alleged father of the child in paternity actions during the time of the payments.

(f) The payment of any part of the principal or interest of any obligation or liability founded on a written instrument.

(g) The pendency of any arbitral proceeding pertaining to a dispute that is the subject of the action.

(h) The minority or previously adjudicated incapacity of the person entitled to sue during any period of time in which a parent, guardian, or guardian ad litem does not exist, has an interest adverse to the minor or incapacitated person, or is adjudicated to be incapacitated to sue; except with respect to the statute of limitations for a claim for medical malpractice as provided in s. 95.11. In any event, the action must be begun within 7 years after the act, event, or occurrence giving rise to the cause of action.

Paragraphs (a)-© shall not apply if service of process or service by publication can be made in a manner sufficient to confer jurisdiction to grant the relief sought. This section shall not be construed to limit the ability of any person to initiate an action within 30 days of the lifting of an automatic stay issued in a bankruptcy action as is provided in 11 U.S.C. s. 108©.

(2) No disability or other reason shall toll the running of any statute of limitations except those specified in this section, s. 95.091, the Florida Probate Code, or the Florida Guardianship Law.

And I quote from your post:

"That is why it is so important to make them establish the elements of a written instrument."

So if they can't establish a written instrument, 4 years applies and there is no tolling.

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Yes, sorry, forgot about mechanic's liens. However, you have to be proactive on the homestead matter. Filing for homestead exemption with the clerk's office is not the same as declaring your property homestead in a court case. A lien against homestead property (other than mechanic's or through foreclosure) is not valid. You can still sell your house without satisfying the lien. The money from the sale of your homestead property has to be reinvested into another homestead property within a certain period of time.

Do you mean a claim of lien on a property? If you mean a claim of lien, it will sit on the title for 12 months. The seller of the house could not sell the house for an entire year until it falls off. Hopefully the filer did not get awarded a judgment, and then you're in a different ballgame.

As I understand if you want to sell your house BEFORE the 12 month period you could file for a notice of contest of lien. If no one contests the lien, within 60 days, by default, it gets removed. If there is a response, and they want to contest, you're in court and hope they don't get awarded a judgement here in Florida it will stay on title for 10 years.

Let's also not forget IRS liens. They will impede the sale of real property as well.

The homestead exemption was designed to protect homeowners from a forced sale such as when they file a bankruptcy. In some states they can force the sale. For example Washington State has a 40k exemption since 1999. That means that if you property is worth 40k or less you're safe, but if your property has a value of 80k they could force the sale to liquidate the asset. In other words, there is $40,000 of equity in a home that is unavailable to creditors unless voluntarily transferred by a deed or mortgage.) for the additional 40k.

Here in Florida homestead defiantly protects people from forced sales, unlike some other states. That's why so many folks have been known to come to Florida and purchase a large homestead house with a lot of equity, and then file a bankruptcy. The creditors can not come after you to force sale.

If your intention is to sell your home with a lien on it you will still have one tough time selling it. I don't know of many buyers who have qualified for conventional financing that would be allowed to purchase a home with a lien on it after the title company pulls title and alerts the lender that title is not clear and conveyable. Someone will have to pay off that lien to get clear title to purchase period. If it's a small lien it may not be that big of a hiccup. If it's larger however, you may have a tougher time.

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222.01 Designation of homestead by owner before levy.--

(1) Whenever any natural person residing in this state desires to avail himself or herself of the benefit of the provisions of the constitution and laws exempting property as a homestead from forced sale under any process of law, he or she may make a statement, in writing, containing a description of the real property, mobile home, or modular home claimed to be exempt and declaring that the real property, mobile home, or modular home is the homestead of the party in whose behalf such claim is being made. Such statement shall be signed by the person making it and shall be recorded in the circuit court.

(2) When a certified copy of a judgment has been filed in the public records of a county pursuant to chapter 55, a person who is entitled to the benefit of the provisions of the State Constitution exempting real property as homestead and who has a contract to sell or a commitment from a lender for a mortgage on the homestead may file a notice of homestead in the public records of the county in which the homestead property is located in substantially the following form:

NOTICE OF HOMESTEAD

To: (Name and address of judgment creditor as shown on recorded judgment and name and address of any other person shown in the recorded judgment to receive a copy of the Notice of Homestead).

You are notified that the undersigned claims as homestead exempt from levy and execution under Section 4, Article X of the State Constitution, the following described property:

(Legal description)

The undersigned certifies, under oath, that he or she has applied for and received the homestead tax exemption as to the above-described property, that _____ is the tax identification parcel number of this property, and that the undersigned has resided on this property continuously and uninterruptedly from (date) to the date of this Notice of Homestead. Further, the undersigned will either convey or mortgage the above-described property pursuant to the following:

(Describe the contract of sale or loan commitment by date, names of parties, date of anticipated closing, and amount. The name, address, and telephone number of the person conducting the anticipated closing must be set forth.)

The undersigned also certifies, under oath, that the judgment lien filed by you on (date) and recorded in Official Records Book _____, Page _____, of the Public Records of __________ County, Florida, does not constitute a valid lien on the described property.

YOU ARE FURTHER NOTIFIED, PURSUANT TO SECTION 222.01 ET SEQ., FLORIDA STATUTES, THAT WITHIN 45 DAYS AFTER THE MAILING OF THIS NOTICE YOU MUST FILE AN ACTION IN THE CIRCUIT COURT OF __________ COUNTY, FLORIDA, FOR A DECLARATORY JUDGMENT TO DETERMINE THE CONSTITUTIONAL HOMESTEAD STATUS OF THE SUBJECT PROPERTY OR TO FORECLOSE YOUR JUDGMENT LIEN ON THE PROPERTY AND RECORD A LIS PENDENS IN THE PUBLIC RECORDS OF THE COUNTY WHERE THE HOMESTEAD IS LOCATED. YOUR FAILURE TO SO ACT WILL RESULT IN ANY BUYER OR LENDER, OR HIS OR HER SUCCESSORS AND ASSIGNS, UNDER THE ABOVE-DESCRIBED CONTRACT OF SALE OR LOAN COMMITMENT TO TAKE FREE AND CLEAR OF ANY JUDGMENT LIEN YOU MAY HAVE ON THE PROPERTY.

This _____ day of _______________, 2_____.

______________________________

(Signature of Owner)

______________________________

(Printed Name of Owner)

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I forgot to mention I am a paralegal and know a little too much about collection law......IF you are the Head of Household on your taxes you will be protected as well as with Florida's Homestead Laws you will have certain defenses including not being able to be garnished. IF you can prove that you do indeed own the property and it is Homesteaded and you ARE filing as Head of Household

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I forgot to mention I am a paralegal and know a little too much about collection law......IF you are the Head of Household on your taxes you will be protected as well as with Florida's Homestead Laws you will have certain defenses including not being able to be garnished. IF you can prove that you do indeed own the property and it is Homesteaded and you ARE filing as Head of Household

Well, let me see if I understand all this and please bare with me (soooo sooo new). My husband has a credit card debt for $1,100.00 and this lawyer sent me a collection notice. I didn't dv right away instead out of fear I called up and set arrangements to have money withdrawn from my checking acct each month. Then after the first payment went through I read about duplicate ca's trying to get money for the same company ---so I dv'd them. The woman called screaming saying I was playing games with her and I wasn't going to win and said that she would take me to court and get a lien on my property for this amount. Now my husband does claim head of household and we have $25,000 homestead allowance on our home. So now if she takes us to court(we get a summons handed to us by a sheriff) for this amount can't garnish his paycheck or put a lien on our house???? The house is on the market and hopefully will have a contract on it very shortly (two prospective buyers).Thanks sooooo much for all this guidance I really need it this is so distrubing.

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  • 4 months later...
I have a homestead property in Florida and their are two non asset/equity judgements on my home. These are old cc company debts. I am told there is a way to remove, but every time I check it out, I run into a brick wall...any help appreciated...leaper

Please repost this and start another thread.. the thread you posted too is five months old.. its best when you have a question to do your own thread that way you get more response. :)

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Please repost this and start another thread.. the thread you posted too is five months old.. its best when you have a question to do your own thread that way you get more response. :)

You are exactly right.. I'll blame my age and my very recent discovery of this site. Thank you. I have been reading your posts and really appreciate your responses. ..........leaper..:)

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