creditor pursuing collection,liens, sueing a legally institutionalized incapacitated person
(ny, suffolk county)
Can a creditor/collection agency sue, pursue a lien against a legally institutionalized medically incapacitated person? The credit card debt is the sole responsibility of this person, not a joint account with the spouse. Can a lien be placed on the jointly held homestead where the spouse and dependent children live, state of NY, suffolk county?
Reply from DebtCollectionAnswers.com:
This is exactly the kind of question you want to talk with a consumer law attorney about. While this particular situation is not specifically addressed in the federal Fair Debt Collection Practices Act, it may be covered by state law. (In addition, the FDCPA only covers third party collectors, not creditors collecting their own debts.)
If this is, in fact, a creditor trying to collect and not a debt collector, then we would recommend you get a consultation with a bankruptcy attorney who can explain what this judgment creditor can and cannot do to collect this debt, including whether they can place a lien on your jointly owned home.
Please get some legal advice so you know your options and can get some piece of mind about this situation.
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