jkbowen1021 Posted December 1, 2007 Report Share Posted December 1, 2007 Hi there. I have a friend that needs some help. A debt collector has called and said that if she does not pay, they are going to file a lien on her car. I asked her exactly what they said, and she said that was their exact words. I am trying to find out if they can say that and do that without any court action. I live in Ohio. Any help would be great Thanks!!! Link to comment Share on other sites More sharing options...
willingtocope Posted December 1, 2007 Report Share Posted December 1, 2007 They can say it...and, if it wasn't recorded, they can deny they said it. As to whether they can do it...is it the car they're collecting for? Was it the OC calling, or some CA? Either way, they can't just walk up with a lien on the car...there'd have to be a court judgement first. Link to comment Share on other sites More sharing options...
jasen Posted December 1, 2007 Report Share Posted December 1, 2007 If they were collecting for the auto loan provider, there would already be a lien on the title.They're full of horse doodie, and technically broke the law by threatening to take an action they cannot take. Although you'd need a recording to really prove it. Link to comment Share on other sites More sharing options...
jkbowen1021 Posted December 1, 2007 Author Report Share Posted December 1, 2007 No, it is NOT for an auto loan. I believe it is for a credit card. The car itself is like 15 years old, not worth much anyways, but I didn't think that they could say that. For now on, I will tell her she needs to recorded all the phone calls. Since Ohio is a one party state, that should be easy. Thanks for all the info!! Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted December 2, 2007 Report Share Posted December 2, 2007 They can NOT get a lien without first getting a JUDGMENT. They are full of $hit. Link to comment Share on other sites More sharing options...
merkurfan Posted December 2, 2007 Report Share Posted December 2, 2007 The next time they threaten that, tell um to come get it! a 15 year old car is probably not worth what is owed. You'd likely be money ahead They will never offer/threaten to take the car again, because you won't be talking to them. You will be writting them. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted December 2, 2007 Report Share Posted December 2, 2007 For a collector to “threaten” anything is arguably illegal (depends on how flagrant the language is) and it is always illegal for a collector to threaten to take action they either can’t take or have no real intention to take (which is almost certainly the case here).Moving on, no one can just “put a lien on something”…IF they sue and IF they win and get a judgment THEN they can do things such as attach assets (such as a car, home, etc) but unless they’ve already gone to court and gotten a judgment then they are a long way from attaching assets (a car or otherwise).Any collector who uses the tactic that I think this is can’t be trusted at all….your friend needs to get online and start getting some information and above, stop talking to these people on the phone; then they won’t be able to make illegal threats. Link to comment Share on other sites More sharing options...
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