Posted on: 22nd Jun, 2010 02:18 pm
Can A cc company get away with putting a lien against our property having never told us and the courts never notifying us?
Hi kebhea,
The credit card holder can put a lien on your property only if they've obtained a judgment against you. If they have no judgment, they have no right to place the lien. If they indeed filed a lawsuit, you should have received summons to appear in the court. I think you should check with your local courthouse to find out if a judgment has indeed been entered in your name.
You can also consider filing a motion to vacate judgment. Since you were not served summons or any document regarding the judgment, you could not present your case in front of the judge. This should a valid reason for you to file the motion and vacate the judgment against you. However, the laws vary from one state to another and it's advisable that you talk to a lawyer before filing the motion.
The credit card holder can put a lien on your property only if they've obtained a judgment against you. If they have no judgment, they have no right to place the lien. If they indeed filed a lawsuit, you should have received summons to appear in the court. I think you should check with your local courthouse to find out if a judgment has indeed been entered in your name.
You can also consider filing a motion to vacate judgment. Since you were not served summons or any document regarding the judgment, you could not present your case in front of the judge. This should a valid reason for you to file the motion and vacate the judgment against you. However, the laws vary from one state to another and it's advisable that you talk to a lawyer before filing the motion.