What to do if there is a lien against my wife’s home for a debt that was not mine and I was never notified of?

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What to do if there is a lien against my wife’s home for a debt that was not mine and I was never notified of?

I discovered that there was a lien against my wife’s home recently since we are trying to refinance. Asset Acceptance contacted me 4 years ago saying I owed them $3000 for an account that is not mine. They said If i make a small payment they would work with me. I made a payment with a check which was a huge mistake because they seized my checking account right after they filed a judgement against me. Apparently they took this to court and had a judgement filed against me and recently had a lien put on our home. This all happened unbeknownst to me.

Asked on August 10, 2011 Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It appears from what you have written that there is a judgment against you from some court case and that an abstract of judgment has been recorded on your wife's home concerning this judgment. I suspect that you are probably on legal title to your wife's home for the judgment to have an abstract recorded on the home you are living in as a lien.

It seems that a default and default judgment was taken against you. You need to go down to the court house where the lawsuit was filed and pull the complaint and read the court's file. If you were not personally served with the lawsuit, sub-served with it, or served by publication, then potentially you have it set aside.

However, the cost to retain an attorney to assist you could very well exceed the supposed $3,000 judgment against you to try and set aside the judgment.

 


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