Q: Can credit card companies put a lien on my house for my charge offs?
A: We are guessing that you are asking this question because a creditor or debt collector has mentioned the possibility that it may try to get a lien against your home if you don’t pay a past due debt. But the fact is a credit card is an unsecured debt. Unlike a mortgage, which is secured by your home, there is no collateral for the creditor (or a collector) to go after.
If you don’t pay the debt, though, the creditor or a collection agency may sue you. If it is successful in obtaining a judgment against you, then it will try to collect that money from you. How it can do that depends on the laws in your state. In some states judgment creditors can garnish wages, attach money in bank accounts, or go after other property. However, in all states, certain types of property is exempt, or safe from creditors. For example, in Florida or Texas, equity in your homesteaded primary residence is often safe.
If a third party debt collector is threatening to put a lien on your home, but there is no judgment against you, the collectors threats may be illegal. We recommend you set up a free consultation with a consumer law attorney as soon as possible.
If there is a judgment against you and you can’t pay it, we suggest you talk with a bankruptcy attorney who can explain what the judgment creditor can and cannot go after to collect the judgment.Can Credit Card Companies Put a Lien on My House for My Charge Offs?