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Can a collection agency put a lien on your house for unpaid medical bills.They are taking me to court threating to lien my house

Fort Lupton, CO |

I tried to make payment arrangements but they said no,I have to be in court Thurs morning can they just take all my money out of my bank account? Thank you for your help

Attorney Answers 4

  1. With a judgment a creditor can, as a general rule attach a bank account and record the judgment as a lien against real property.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.

  2. Once they get a judgment, they can file a lien against your property. However, normally they go after garnishing bank accounts and paychecks - more liquid assets - first and foremost. I would consult with an attorney about negotiating the debt down for you.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

  3. Once a judgment has entered in Colorado in favor of a creditor, the judgment can be recorded as a lien all real property in the state. The creditor is not obligated to make payment arrangements as the balance is due in full. The creditor may garnish money from your bank account once judgment enters. You may be able to negotiate a settlement for less than the full amount due with the creditor.

  4. Dear Fort Lupton:

    Depending on your fact situation, the anticipated length of the litigation, the risk of you transferring property during the litigation, the amount of debt, etc., it is possible for a creditor to "lien" your real property and some personal assets via what is called a prejudgment remedy, before obtaining a judgment against you. Basically, the process results in the petitioner creditor obtaining a lien against your property / assets pending final resolution of the litigation. It is a very unusual remedy in a "consumer" debt situation, but possible.

    If the creditor obtains a judgment against you, once the appeal period has run, the judgment creditor can seek to engage in post-judgment collection activities, including, without limitation, seeking to garnish bank accounts, seeking to garnish wages, seeking to place liens on real property (with the real possibility of the judgment creditor then attempting to foreclose the judgment lien), etc. You are likely entitled to a variety of "exemptions" which, in essence, prevent the judgment creditor for taking certain types of property, in certain amounts. Notwithstanding, the "exemptions" have to be claimed so as to be utilized.

    I recommend that you consult qualified counsel in your area.

    Paul M. Gaide, Esquire
    Law Offices of Paul M. Gaide
    P.O. Box 280312
    Lakewood, Colorado 80228-0312
    Tele: 303.619.7500
    Facsimile: 888.391.4144