Can they put a lien on my house for credit card debt?

by mitch
(florida)

Can credit card companies put a lien on my and my wife's house for my charge offs?

Reply from DebtCollectionAnswers.com:

Mitch -

We aren't attorneys and can't offer you legal advice, but we can point out a few things that may help you as you are dealing with this debt collection problem:

1. A credit card is an unsecured debt. That typically means that there is no collateral, and there is typically nothing you own that a credit card company can go after unless you are sued and the creditor or collector gets a judgment against you. Before that happens, you should be notified of the lawsuit and have the opportunity to respond.

We suggest you read our information about how to handle being sued by a debt collector.

2. If the creditor or collection agency does successfully sue you and obtains a judgment, then it will try to collect that money from you. How they can do that depends on state law. In some states they can garnish wages, attach money in bank accounts, or go after other property. However, in all states, certain types of property is exempt, or safe from creditors. For example, in some states, like Florida or Texas, equity in your primary residence may be exempt.

If a third party debt collector is threatening to put a lien on your home, and there is no outstanding judgment against you, then we recommend you set up a free consultation with a consumer law attorney as soon as possible. The collectors threats may be illegal.

If there is a judgment against you and you can't pay it, we suggest you consider talking with a bankruptcy attorney who can explain what the judgement creditor can and cannot go after to collect the judgment. Since it sounds like you have multiple credit cards that have been charged off, talking with a bankruptcy attorney sounds like it would be a good next step for you anyway.