Could a lien be put on my home because of debt? 20 Answers as of August 31, 2015

I was a few months behind on payments to a store and they gave the debt of almost 5 thousand dollars to a collection agency. They are saying that they're going to sue me and put a lien on my house if I don't pay soon. Is that legal? If I file for bankruptcy will I lose my house?

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Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
Yes they can sue, as long as it is done within the statute of limitation, get a judgment, and record a lien against the house. Whether you qualify for chapter 7 discharge or chapter 13 and whether you would get to keep your house and other assets depends on more facts. The amounts of your income, household size, living expenses, types and amounts of debts, types and values of your assets, the exemptions that you qualify for based on your residence and length of time of that residence. Schedule a consult with a local BK attorney. Also you mention that this debt is owed to a store, not sure if that means that this debt is secured by collateral, the items purchased at the store, that will depend on the agreement you signed. There are a few things you'll want to discuss with your attorney.
Answer Applies to: California
Replied: 4/16/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
If they sue you and get a judgment against you, they can record the judgment lien against your home. Filing BK will prevent this from happening (assuming you file before the judgment is obtained). Speak to a lawyer face to face to get important questions like this answered. Any lawyer worth his or her salt will charge you (at least a small fee) for a one hour visit. Be sure the lawyer is experienced. But most people keep their homes. Okay? God luck!
Answer Applies to: Colorado
Replied: 4/15/2015
EDWARD P RUSSELL | EDWARD P RUSSELL
It is possible for a lien to be put on property after a judgment. A bankruptcy would prevent any creditor collection actions and make void any existing judgments so that you would be able to keep your home assuming that you are up to date on the mortgage payments.
Answer Applies to: Minnesota
Replied: 4/15/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
If the creditor sues you for money, and if they obtain a judgment against you, then they can record a transcript of that judgment as a lien against your home. If you have other debts you are also struggling with it makes sense to speak with a bankruptcy lawyer to determine whether that is a good option for you. As to your house, without more information it is impossible to guess whether your home would be in danger if you file bankruptcy. Many people are able to file bankruptcy cases and also keep their homes, but it depends upon the specifics of the situation.
Answer Applies to: Colorado
Replied: 4/15/2015
Stephens Gourley & Bywater | David A. Stephens
If they get a judgment they can likely make that judgment into a lien on your home. You would not lose the home in bankruptcy as long as its value is within the state exemption amounts.
Answer Applies to: Nevada
Replied: 4/15/2015
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    If a lawsuit is filed, and a default is entered, then a judgment will be signed by the Court and it will be recorded in the county where you live. It then becomes a lien on your home and it will be paid once you sell your home. They can also try to garnish your wages or bank accounts to pay off the judgment to the creditor. Bankruptcy will stop the lawsuit immediately and if there is not a judgment entered against you, then the debt will be discharged and the lawsuit will be dismissed. If there is a judgment, then the lien can be removed by stripping it in bankruptcy provided your home is homestead. Best of luck.
    Answer Applies to: Florida
    Replied: 4/15/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Anytime a creditor sues someone and obtains a court judgment, it can result in a lien being recorded that affects the title to your home or any other real estate you own. If you file bankruptcy, it is unlikely you will lose your home unless you no longer make the mortgage payments or other expenses of homeownership. However, bankruptcy is not a quick, easy and cheap solution to every debt problem. You will want to have a massive amount of debt and be able to prove that you don?t have enough money to pay even a fraction of your debts.
    Answer Applies to: Nevada
    Replied: 4/15/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, if they sue you and win they can put a lien on your house. You will not lose your house in bankruptcy unless you have more equity than your exemption.
    Answer Applies to: New York
    Replied: 4/15/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    If they get a judgement, yes they can put a lien on your house. See a lawyer about your house, every state had different rules on this. You may find one at nacba.org.
    Answer Applies to: California
    Replied: 4/15/2015
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    You should not lose your home if you file for a Bankruptcy. You should consult with a Bankruptcy attorney in your area to discuss your options.
    Answer Applies to: Florida
    Replied: 4/15/2015
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    That would be a yes.
    Answer Applies to: Michigan
    Replied: 8/31/2015
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    You need to speak with a knowledgeable local bankruptcy attorney. They can advise you as to your house and any other assets you may have. Go now while you have time to figure it out. Good luck!
    Answer Applies to: California
    Replied: 4/15/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    They are lying to you, or at least exaggerating. They can only get their lien if they obtain a judgment against you. Ordinarily into bankruptcy you can just charge the underlying debt, and in some states, like Wisconsin, you can clear away the lien after you get the bankruptcy discharge. To do this right, you should find an experienced bankruptcy lawyer. Such a person can save you lots of grief.
    Answer Applies to: Wisconsin
    Replied: 4/15/2015
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes, any creditor can sue you, obtain a judgment and then record that judgment creating a lien against real property. They can also garnish your wages and seize your bank accounts. To find out your bankruptcy options, and what assets you can keep, you need to have a consultation with an experienced bankruptcy attorney in your state.
    Answer Applies to: California
    Replied: 4/15/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See a lawyer now. Without a judgment there is not much they can do immediately but they will soon improve their position, and your problems.
    Answer Applies to: Michigan
    Replied: 4/15/2015
    Michael J. Duggar, P.A.
    Michael J. Duggar, P.A. | Michael J. Duggar
    Creditors can sue and the judgment is an automatic lien. You can avoid the judgment lien thru a bankruptcy. Normally removing a judgment lien for most practitioners is an additional fee so please don't be surprised. You won't lose your house via a judgment lien.
    Answer Applies to: Florida
    Replied: 4/15/2015
    Ronald K. Nims LLC | Ronald K. Nims
    If a creditor sues you and wins the lawsuit. The creditor can then put a lien on your house (or other real estate) to attempt to collect the debt. If you file for bankruptcy before they sue or before they win the lawsuit, then they won't have a lien. You will not lose your house because you file bankruptcy. In fact, many people file bankruptcy to save their house from foreclosure.
    Answer Applies to: Ohio
    Replied: 4/15/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    A lien could be put on your house if you lose the lawsuit, but a bankruptcy can stop the suit from going to judgment. Whether you would lose your house or not depends on the homestead exemption you can claim, and those vary from state to state. Only an attorney can advise you on the applicable exemptions. Whether you like it or not, you need to see a lawyer immediately.
    Answer Applies to: Oregon
    Replied: 4/15/2015
    Idaho Bankruptcy Law | Paul Ross
    Yes, a judgment lien can be recorded and it would then attach to your home. A judgment lien comes from a collections lawsuit against you.
    Answer Applies to: Idaho
    Replied: 4/20/2015
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    That would be a yes.
    Answer Applies to: Massachusetts
    Replied: 8/31/2015
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