Legal question. Can credit card debtors....

[In-Yo-Grill]

Put a lien on your house? That seems extreme for a couple of retail store credit cards.

[Low Fence]

I’d hope so. It’s their money they loaned to be paid back…. If not they should have means to collect

[andre3k]

They have to sue you in a court here in Texas and win a judgement, then put a lien on your home.

[Hoggslayer]

I’d hope so. It’s their money they loaned to be paid back…. If not they should have means to collect

They can only do it with a court judgment. Without one, I'd hope not. That would open the door for any business to do that, then the burden of proof is on the homeowner. I could see that getting abused big time.

[In-Yo-Grill]

The mother of my coworker lost her job and has asked the creditors to work with her. I'm trying to find out more info so see how much she owes and for how long.

[Dusty Britches]

I know they can have you arrested.

The mother of your co-worker can ask Trinity Debt Management or Consumer Credit Counseling Service to step in and help. It is free. By working through them, they will work directly with the creditors to dramatically reduce or even eliminate interest accruals as long as she stay on a payment plan.

[ddcainjr]

I know they can have you arrested.

The mother of your co-worker can ask Trinity Debt Management or Consumer Credit Counseling Service to step in and help. It is free. By working through them, they will work directly with the creditors to dramatically reduce or even eliminate interest accruals as long as she stay on a payment plan.

Ugggg, I thought debtors jail was outlawed. The CC companies clearly are paying for the laws they want.

[DedDuk]

Ugggg, I thought debtors jail was outlawed. The CC companies clearly are paying for the laws they want.

Pay back what is owed. Otherwise, it's stealing and thieves deserve jail time.

[dustoffer]

Pay back what is owed. Otherwise, it's stealing and thieves deserve jail time.

Same as with college loans--

[DedDuk]

Agree 100%.

[pontiac]

No you cannot be put in jail for debt (unless it was fraud or some other criminal enterprise).

For the OP, a Creditor would have to sue you for the debt, win at trial and secure a Judgement. Then they would have to abstract the Judgement. Basically this is just filing the Judgement with deed records for each county where you have or may have real property.

The Creditor cannot seize or sell your homestead, but if you go to sell your property the lien attaches to the property and you must pay it off in order for the sale of the property to go through.

If you have non-homestead real property they could take steps to get the Sheriff to sell the property to pay off the debt.

The Debtor can always file for Bankruptcy to discharge the debt and avoid all of this.

[Voodoo]

No you cannot be put in jail for debt (unless it was fraud or some other criminal enterprise).

For the OP, a Creditor would have to sue you for the debt, win at trial and secure a Judgement. Then they would have to abstract the Judgement. Basically this is just filing the Judgement with deed records for each county where you have or may have real property.

The Creditor cannot seize or sell your homestead, but if you go to sell your property the lien attaches to the property and you must pay it off in order for the sale of the property to go through.

If you have non-homestead real property they could take steps to get the Sheriff to sell the property to pay off the debt.

The Debtor can always file for Bankruptcy to discharge the debt and avoid all of this.

yep

[Huntingfool]

so the real question is this - did you ask for the money and use it and then not pay the company back?? I have ZERO support for anyone who takes money and then does not pay it back - NO excuse for that

[Greenheadless]