Can creditors put a lien on personal property?

Hi Catherine!

Welcome to forums!

Creditors can place a lien on your personal property if they have received a judgment for the same. As a lien has already been placed on your property, you should pay it off in full and get a lien release certificate from the creditor.

Feel free to ask if you've further queries.

Sussane

If the lien has already been placed on the property, pay it off in full and get it released

I am falling behind in credit card debt payments and own 3 cars and a Harley. Can the creditors put a lein on these and what does a lien mean. Will they take these items?

Hi kim!

Welcome to forums!

A lien is the right of your creditor to take your property if an obligation is not discharged by you. If you don't pay the dues on time, the creditor can file a lawsuit against you and get a judgment to place a lien on your cars.

Feel free to ask if you've further queries.

Sussane

i have a question ? I live in california and i have a lien on my property from a cable company in the amount of $20,000 because it has to due with a worker from the cable came to my house and found a cable box which is known to be "black box" . They said i had it illegaly but i didnt and i need it to pay them a fine of $10000. so now it has increase and they placed a lien on my property ! What should i do to protect my property and to remove the lien judgement ?

we have a 600.00 car payment which we can no longer affort...due to a decrease in our finances. We need to give it back to the bank...what can we expect from this.

Hi Victoria,

Unless you pay off the lien, you won't be able to make your property free and clear. You should negotiate with the cable company so that they reduce your late fees or any other fees so that it becomes affordable for you to pay off the lien.

To stella,

You can contact your creditor and surrender your property to him. He will repossess the car and can come after you for the deficient balance after he sells off the property. If you're unable to pay off the deficient balance, then he can assign your account to a collection agency.

Thanks

Stella, you're far better off finding someone to purchase that vehicle from you - that'll prevent your credit rating from being trashed. James is right in that you can let the lender know that your circumstances have changed and ask them to pick up the vehicle, but you'll suffer the consequences with the credit reporting.

Victoria, I presume that you must have been sued and lost in order to be in debt for $10K to the cable company. Yes, that lien will sit there until you sell your home, at which time they'll get their money.

I filed bankruptcy on my home and all creditors except my vehicle loan which I reaffirmed on. I am keeping only my vehicle. I received papers today at my home for the forclosure from the mtg. co. suing me. In the paperwork, I am being sued, the state of Indiana Dept. of Revenue, and State Farm Bank are named as the defendants. Is my mortgage co. trying to take my truck? The verbage in the paperwork states, "Plantiff states that the Defendant, State Farm Bank, may claim an interest or right in the subject property by virtue of a judgement lien filed for record on 1/11/2010 in the amount of__________in county case number________in the records of this county.

Hi Stacey!

Welcome to forums!

You've included your property in your bankruptcy filing and got it discharged. In that case, the lender will only be able to recover the collateral but he won't come after you or your other properties to recover the balance amount.

Feel free to ask if you've further queries.

Sussane

We bought our house 8 years ago and were told by real estate agent there was no property owners association. We do have to pay the adjoining mobile home park for water (well water), use of gate, roads, and recreation fee if we use any of their facilities. We live in residential community behind mobile home community (both having been developed by same person). There is absolutely no maintenance done on our property--we must do it all ourselves including lawn (each has at least 1 acre, trees, pool. There is no recreation, clubhouse, pool, nothing. Property owner association has to do very little --maintain part of lawn around main pond, maintain bulbs for 14 street lights, maintain sign coming in to community. They presently have $200,000 of the homeowners' money in banks because they collect each year more than they need. We are getting no benefit from this money sitting in banks and we have to keep up all proper maintenance of our homes. I don't see why they can ask for whatever money they want and not what they actually need. What do you say? Susan

Welcome susan.

You and other property owners should speak to the property owner association and ask them to take required steps to improve and maintain the area. If they don't do so, then you may request them to reduce their fees.

I just recieved a letter stating that a judgement lien has been put on my property. I am in the process of filing bankrupcy. I was told by the attorney this can be removed with the filing. Is this true?

Hi Sophia!

Welcome to forums!

A lien cannot be removed from the property. However, if you include it in your bankruptcy filing, then you won't be personally liable for the payment.

Feel free to ask if you've further queries.

Sussane

To Susan with the association issues...didn't you read the documents you were given when you purchased the property? You must have known, or you could have, anyway, what would take place...right? I'm sorry to be unsympathetic to your plight, but when purchasing property, we must be much more cognizant of what's involved.

Honestly, I don't see that speaking with the association and asking them to do more maintenance will do much good.
But what I don't understand from what you noted is why they're doing anything to begin with. Don't you do your own, and isn't that the way it is supposed to be? Are you somehow responsible for the maintenance on the adjoining property? You said just the opposite in your post. I guess I just don't quite get it.