Legal Question in Credit and Debt Law in Alabama

credit card collection

i live in alabama and a collection agency from new york has contacted me to collect on a card i owe. they said the credit card company will take 60% pay out which will be 5000.00. they said if i do'nt pay in 2 days they will put a lein on the house i live in which is rented by by husband from his aunt. can they put a lein on a house just because i live in it? do i have to give into the pressure of having money today!!! what should my options with payout be?

Asked on 9/10/08, 2:13 pm

3 Answers from Attorneys

William Pfeifer Pfeifer LLC

Re: credit card collection

No, they cannot force you to pay in two days and they cannot put a lien on someone else's house. The credit card company can sue you for the debt, and if they get a judgment against you then the judgment becomes a lien against property you own. However, they cannot put a lien on someone else's rental property just because you rent it from them, and they cannot put a lien on you without first filing a lawsuit, taking you to court, and getting a final judgment. There is a legal process they have to go through in order to get a judgment against you, and it takes a lot longer than two days.

Read more
Answered on 9/10/08, 3:10 pm
James Patterson Underwood & Reimer, P.C.

Re: credit card collection

They are harassing you and you may have rights under the Fair Debt Collection Practices Act (FDCPA). A collection agency cannot make threats that are not legal feasible or they do not intend to honor. This would be such a situation. Please contact a lawyer about your rights.

Read more
Answered on 9/10/08, 3:42 pm
Randal Ford Ford Firm

Re: credit card collection

Everyone else has resolved your questions. The New York company cannot do anything until it comes to Alabama to file a lawsuit. The statute of limitations begins to run from the LAST PAYMENT or LAST PURCHASE, whichever is last. DO NOT pay them anything, and DO NOT let them intimidate you. Speak with a lawyer. You've got several you can talk to on this board already.

Read more
Answered on 9/10/08, 6:37 pm

Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Alabama