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  1. #1
    Join Date
    Jul 2013
    Location
    Pennington Gap, Virginia, United States
    Posts
    2

    Default When Can a Debt Collector Place a Lien

    My question involves collection proceedings in the State of: Virginia
    We have recently stopped paying on a cell phone contract due to certain practices of the wireless company. My husband has a life estate of our home and I'm on disability. We were wondering if the wireless company can put a lein against the house over our nonpayment of the cell phone bill. (The life estate has been in effect for 10 years now. )

  2. #2
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Debts and Liens

    They can and should sue you for what you owe and any other damages they incur as a result of your unwillingess to live up to your end of the bargain.

    They may not put a lien on your home, but they can certain find other ways to get their money.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Debts and Liens

    One thing you should do if there is a legitimate complaint about quality of service or whatever is to go to the WWW.FCC.GOV site and click on the link on the side of that page "File A Complaint." After a while your complaint will make it to the senior attorneys at the phone company who will be empowered to make things right even if your dealings with customer disservice insisted there was nothing further they could do.

  4. #4
    Join Date
    Jul 2013
    Location
    Pennington Gap, Virginia, United States
    Posts
    2

    Default Re: Debts and Liens

    i already have filed a complaint with the fcc. yes we have legitimste complaints about the cell phone company and we r tired of being lied to.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Debts and Liens

    They would first have to sue you and get a judgment. Then record the judgment and it would become a lien on any real estate you (he) own or will own in the future.

    If you (he) doesn't own it then it's untouchable by the judgment creditor.

  6. #6
    Join Date
    Mar 2011
    Posts
    26

    Default Re: Debts and Liens

    You can speak to the company directly and request that they cancel the contract and take their phones back because they are not living up to whatever promises they made. If you simply don't pay for services they're still providing, it's going to go to collections, who will hit your credit. They cannot put a lien on anything that was never offered as collateral. Also if they could place a lien, they would have placed it initially, and released the lien when your contract was fulfilled. This is not the case with your situation. They could as someone said, take you to court for what you owe, but that usually costs more than it's worth. Worst case scenario they charge you an early termination fee to tear up the contract. That's less costly than having your credit ruined.

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