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Can a lien be put on my son's house for my debt?

 
 
Reply Tue 5 Feb, 2008 05:09 pm
My name is on the title of my son's house (not on his mortgage) and I am listed on the title of his car as a co-owner.

I stopped paying my credit card for 3 months while hospitalized with cancer. The credit card company filed a judgement against me for $6,000.

They are currently trying to garnish my bank account. I've called them twice and they are not willing to work out a payment plan with me. Perhaps because they are hoping I have enough in the bank to cover the debt. (which I don't)

Can they go after my son's house or his car?

Thanks, any info is appreciated!
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Type: Discussion • Score: 1 • Views: 1,095 • Replies: 3
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fishin
 
  1  
Reply Tue 5 Feb, 2008 05:16 pm
If your name is on the titles then they are just as much your property as they are your son's. A creditor can attempt to get a lien on them.

What they can and can't do is largely up to the laws in your specific state.
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2busy2follow
 
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Reply Tue 5 Feb, 2008 06:51 pm
Thank you for the info.

My garnishment hearing regarding my bank acct. is in a few weeks, I am hoping the judge will force my creditor to work out some sort of reasonable payment arrangement. I had this account (in good standing) for nearly 7 years prior to becoming ill this fall.
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Debra Law
 
  1  
Reply Fri 29 Feb, 2008 05:52 am
Hi 2busy2follow:

I stopped by today and noticed your post. Your state has a statute that sets forth your statutory exemptions. Some states' exemptions are more generous than others, but the law does afford you some protection from judgment creditors. The statute sets forth specified amounts of money and property that a judgment creditor cannot touch. If you claim your exemptions as authorized by your state's exemption statute, you might end up being "judgment proof."

Even though both your name and your son's name are on the deed to your son's house, your judgment creditor cannot touch the property because your son is not the judgment debtor. (If he was the judgment debtor, he could claim the "homestead" exemption.) Neither your creditors nor the sheriff may seize or attach property that belongs to a third party in order to satisfy your judgment debt. To do so would be a "wrongful execution" or tortious conversion and would subject them to civil liability.

You should probably consult a local lawyer to make sure that you understand your rights. Take care.
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