Skip to main content

Under PA law can a credit card company put a lien on my property

Hellertown, PA |

I live in PA. Can a credit card company put a lien on your and your spouses property if the credit card is only in your name and can they put a lien on your property without you knowing it.

Attorney Answers 4

Posted

The only way a credit card claim can become a lien is if the claimant files suit and obtains a judgment. If this happens, you must contact a lawyer very quickly after you are served or a default judgment may be taken. While judgment cannot be taken without proper notice, circumstances can develop where it appears that you were given notice, but you were in fact never informed. If this happens, call a lawyer as soon as you find out -- it may not be too late if you act promptly.

Generally, a judgment against one spouse will not lien joint property. However, the complaint may allege that you are both liable when it cannot be proven with the hope of taking a default judgment. Kowledgable collections lawyers will sometimes use a statute that permits a joint judgment if the proceeds were used for support of the non-signing spouse. This is another reason to get a lawyer immediately.

Be aware that credit debts and similar obligations are being sold in bulk at auction to "scavenger" collectors who then attempt to collect whatever they can. These assignees often have no real proof of the assignment and virtully nothing to prove that the debt is due. Moreover, the Pennsylvania statute of limitations expires 4 years after the last payment. Thus, scavengers will try to get a small "good faith" payment (say $10.00) in order to revive an expired debt. If you are contacted by such a collector,pay nothing and call a lawyer immediately.

Mark as helpful

7 found this helpful

1 lawyer agrees

Posted

The only way a credit card claim can become a lien is if the claimant files suit and obtains a judgment. If this happens, you must contact a lawyer very quickly after you are served or a default judgment may be taken. While judgment cannot be taken without proper notice, circumstances can develop where it appears that you were given notice, but you were in fact never informed. If this happens, call a lawyer as soon as you find out -- it may not be too late if you act promptly.

Generally, a judgment against one spouse will not lien joint property. However, the complaint may allege that you are both liable when it cannot be proven with the hope of taking a default judgment. Kowledgable collections lawyers will sometimes use a statute that permits a joint judgment if the proceeds were used for support of the non-signing spouse. This is another reason to get a lawyer immediately.

Be aware that credit debts and similar obligations are being sold in bulk at auction to "scavenger" collectors who then attempt to collect whatever they can. These assignees often have no real proof of the assignment and virtully nothing to prove that the debt is due. Moreover, the Pennsylvania statute of limitations expires 4 years after the last payment. Thus, scavengers will try to get a small "good faith" payment (say $10.00) in order to revive an expired debt. If you are contacted by such a collector,pay nothing and call a lawyer immediately.

Mark as helpful

1 found this helpful

1 lawyer agrees

Posted

AMENDMENT: Upon reflection, you may have signed a mortgage to secure the credit card debt. This is fairly unusual, but I had a client who owned and mortgaged many properties who didn't realize he had signed a mortgage for this purpose.

Mark as helpful

1 lawyer agrees

Posted

The card holder's property - yes if they obtain a judgment. The noncardholder- no unless you co-signed.

Entireties property (owner by h and w) no but there may be an argument over necessities but that would be determine by attempting to get a judgment against noncardholder.

Mark as helpful

4 found this helpful

1 lawyer agrees

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics