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  1. #1
    Join Date
    Apr 2011
    Location
    Tennessee
    Posts
    12

    Question Credit Card Debt and Lien Against a House

    My question involves collection proceedings in the State of: Tennessee

    What happened here is this friend dead husband had a credit card and it wasn't paid before his death and his wife throught if her husband died then she wouldn't have to pay the debt which you know the credit card company just passes it to the other spouse. The credit card company couldn't find this friend to tell her about the debt because she moved from Michigan to Tennessee and bought another house. The credit company finally found her and put a lien on her new house. The credit card debt is 5000.00 plus 10% for every year it's not paid which is 7 years now. I found out this is not a Credit card company but a debt collection firm. And found out they went out of out of business. Can this friend get this lawyer that worked for the collection firm to drop some of the cost or is this a done deal?

    Thanks, Robert

  2. #2
    Join Date
    Jan 2006
    Posts
    27,810

    Default Re: A Question About Credit Card and Lien Against a House

    well, if they have a lien on her house, I suspect they sued her at some point. If that is the case and she lost, there isn't a lot for her to do. The problem though is that even when the judgment expires, the lien will remain and could cause her considerable problems should she try to sell the property.


    and a credit card company does not and cannot just "pass it to the spouse". There are laws that control. In some cases, the spouse may be liable. In others, the spouse is not. The problem generally from when people ignore a creditors attempt to collect a debt often to the point of failing to respond to lawsuits. That often results in a default judgment where if the person had properly contested the suit, there would be no way for the creditor to prevail. It's proof that sticking your head in the sand is not the way to solve your problems.

    I don't know if any of that is applicable to your friend. If it is, pass it along. If not, explain the situation and maybe some direction can be given.

  3. #3
    Join Date
    Apr 2011
    Location
    Tennessee
    Posts
    12

    Default Re: A Question About Credit Card and Lien Against a House

    I found out this friend name was on the credit card also with her husband. How do you find out when this judgement expires? The paper work says. Can this Tennessee lawyer raise the interest rate higher then 10% after so long?

    Paper work says: Said judgment further provides for interest at the legal rate of 10% per annum begining 2005 until paid. The judgment rendered against debtor is a valid and final adjudication remaining in full force and effect in the State of Michigan and capable of being enforced there by final process.

    Thanks, Robert

  4. #4
    Join Date
    Jan 2006
    Posts
    27,810

    Default Re: A Question About Credit Card and Lien Against a House

    a jdudgment from Michigan is good for 10 years. I believe it is renewable so that would mean it can last 20 years.

    as to the interest rates; there are several sections that may be applicable so rather than posting everything here, just go to this link:

    http://courts.michigan.gov/scao/reso...r/interest.pdf

    From your time frame posted, I suspect II would be the applicable section. If so, the rate would be whatever the rate was when the suit was filed but no more than 13%.

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