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Collection Agency put $9000.00 lien against our primary residence in Texas and we need help

Mckinney, TX |

Allegedly the debt belongs to my wife who is in the middle of getting the facts straight. I thought in State of Texas someone could not place a debt against your primary residence. What should our next step be? Again as I mentioned we contacted the creditor's attorney so they can send us facts regarding the debt. Is this something they can usually settle? Please help.

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Attorney answers 4

Posted

This comes up a fair amount. Just because a credit card company got a judgment and recorded it does not make it a lien against your homestead. See my legal guide, linked here, for more information about what to do with this problem:
http://www.avvo.com/legal-guides/ugc/credit-card-judgments-and-your-homestead-how-to-get-clear-title

I am licensed only in Texas. Offering information of a general nature in response to a question is not intended to be legal advice in your state.

Posted

In my experience, credit card judgments can usually be settled. Depending on your circumstances, you can save a substantial percentage off the current balance. Be sure to have a signed stipulation that can be filed with the court before making any settlement payments. If you need to have the lien addressed quickly, you should be looking to do a lump sum settlement as opposed to installments.

This is not legal advice. Seek a consultation with an attorney in your jurisdiction. An attorney/client relationship is not sought or formed by the participation in this website. I am licensed to practice law in New York and New Jersey.

Posted

They can cloud title but cannot foreclose

Posted

Yes it can be settled or you can file your own partial release of the judgment lien. Here is an article I wrote about it. http://www.judgmentrelease.com/articles/Partial-Release-of-a-Judgment-Texas.htm

My comments are not legal advice and are for informational purposes only.

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