What to do if a recorded lien is no longer valid because of the statute of limitations?

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What to do if a recorded lien is no longer valid because of the statute of limitations?

I have a situation whereby a creditor has a recorded lien against me that is no longer valid because of the statute of limitations. When I contacted the creditor they stated that they will not give a release of lien, but if I file for a declaratory judgement to have the lien released they will not respond nor challenge it. Apparently this is a tactic to delay the release as long as possible. How is this declaration processed? Is there a legal form? Can it be done without an attorney?

Asked on June 2, 2011 under Bankruptcy Law, Florida

Answers:

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

Answered 10 years ago | Contributor

Filing for a declaratory judgement generally means filing a lawsuit that requests that the Court issue an order declaring the lien null and void for a certain reason.  Here for the statute of limitations reason.  It is not just a form to file.  It can be confusing and costly.  I think that you should seek consultation from an attorney.  Paying an attorney to write a really persuading letter as to the matter may be all you need.  As for the credit issue  (the matter listed on your credit reports) you can challenge the entries and the creditor has 30 days to respond.  If they do not it is supposed to be wiped from your credit report.  Get help.  Good luck.


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