Legal Question in Credit and Debt Law in California

First of all, my husband and my son have the same name except for the Jr part, My son has a 14,000 dollar debt and a collection agency is threatening to put a lean on my home because he lives with me. Is this legal if it is this debt and not my husbands and I's?


Asked on 7/16/10, 8:37 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Don't talk to them. If they were to actually sue your husband, or record a lien on your home after suing your son, this would hand you a free lawsuit against the collection agency.

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Answered on 7/16/10, 11:44 am
Robert F. Cohen Law Office of Robert F. Cohen

You might have an attorney write them a letter and provide them with evidence that your son is not your husband, and that they'd be wise not to place a lien on the home bearing your husband's name on title. In that way, they're on notice in writing not to slander title to your home. Mr. Stone is correct that you shouldn't talk to them, though.

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Answered on 7/16/10, 12:52 pm

Mr. Stone would be correct, except I would send them a letter now, short and sweet, certified mail, that simply states the facts. If they then proceed to sue you or your husband, which they would have to do to get a lien, you will have a major and very win-able lawsuit against them for abuse of process and unfair debt collection practices.

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Answered on 7/16/10, 12:54 pm


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