Lein against my home

by Aras
(State Line PA)

My 74 year old husband passed away a month ago. I am getting phone calls from credit card holders and collection agencies. How do I handle this with a very limited budget plan? And one collection agency told me they have a lien against my home. Please help me.

Comments for Lein against my home

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Jul 03, 2010
your late husband's death
by: Mary & Gerri


We are so sorry to hear about your husband's death. Because you are dealing with several different creditors and collectors here, we would strongly encourage you to set up a free consultation with a bankruptcy attorney as soon as possible. Even if it turns out bankruptcy is not the best option for you, the the attorney can help you understand what the collector can and cannot do to collect from you. The attorney can even help you figure out which of your late husband's debts you are responsible for (if any).

We do believe meeting with a bankruptcy attorney is the next step for you to get a plan together for dealing with these creditors and collection agencies.

Jul 03, 2010
by: Anonymous

I'm assuming that the calls are regarding your husband not your own debt? Or perhaps it's joint debt? If it is your husband's debt, all you need to do is provide them with a copy of your husband's death certificate (btw, they can check on that without you) and they should get off your case. However, if the debt is yours, there isn't much they can do. If I were you, I'd write each one of them a cease and desist notice (that's a letter telling them to stop calling you) and by law, they will have to stop. Since you're retired, there's nothing much they can do. Trust me, they will not sue you as that costs money that will only add to your debt and legally there's nothing they can do against you because of your age (they can't garn your SS and since you live in PA, your state doesn't allow garnishments anyway). As for the lien on your home, unless they have sued you and have a judgment against you, they're telling you a lie. They can't lien against your property unless they have gone thru the legal process.

Quite honestly, at your age, I wouldn't worry about it as there truly is nothing they can do to you except bug you on the phone to get you to pay.

Nov 05, 2011
by: Anonymous

Actually, they can't even do that, if you send them a cease and desist letter, certified, return receipt requested. There's even instructions on this site to help write one.

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