What happens when a creditor places a lien on your home?

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What happens when a creditor places a lien on your home?

We owe an outstanding balance on a credit card, we just received a letter from the attorney representing the credit card company. It says that they put a lien on our house. What can happen with this? We don’t have the money to pay the bill. What steps if any should we consider now?

Asked on February 22, 2011 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There seems to be a step that is missing here.  Were you already sued by a credit card and was there a judgement issued or is the attorney's office threatening to sue and place a line on the house?  Did you know that you were sued?  Were you served with papers?  If you were not properly served with the papers for the suit then they obtained what is known as a default judgement against you. You can make a motion to vacate the default if you are able to prove that you were not properly served and you have what is known as a meritorious defense. What else you can do really depends on what your circumstance are. Maybe you should consider consulting with a debt counselor or an attorney.  Good luck to you. 


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