Threat of Lien for Credit Card Debt

I have worked out minimum payments for a limited time or until I can pay my debts in full, with all of my creditors and collectors except one.

I owe this one collector (Capitol One through Total Credit Recovery) $6,800. They will not accept a minimum payment and said that if I don't pay them in full due now, that they will sue me and put a lien on my property.

I read the first chapter of your e book and realize I have told the collectors way too much personal information. I have told them that our property is now listed and that I will pay them when the property sells, which I do intend to do, but probably should not have said.

Today I have left a message asking the collector to send me his threat of a lien in writing. I am wondering if you think they will actually put a lien on my property for such a relatively small amount? And if you have any other advice for me regarding this?

Thank You,

Comments for Threat of Lien for Credit Card Debt

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Jun 08, 2010
threat of lien
by: Gerri & Mary

It concerns us that this collector is stating they "will sue you and put a lien on your property" if you don't pay this credit card debt. That may be an illegal threat under the Fair Debt Collection Practices Act.

Under that law, a debt collector cannot threaten to take an action he cannot take, or does not intend to take. If the debt collector is stating that he will get a lien on your property, that could be problematic. In most states, he must first take you to court and get a judgment, and only then may be able to get a lien against your property.

We would encourage you to discuss this with a consumer law attorney who can help you understand whether this collection agency may have broken the law in its attempts to collect from you. If it has, and you fight back, you may be entitled to damages and attorney fees.

You can contact a local consumer law attorney with experience in debt collection cases. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

Please let us know what the attorney has to say using the comments link below.

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