help with information please
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help with information please
| Mon, 01-24-2005 - 12:44pm |
I can't find the answer to the following question:
if one spouse has credit cards in her name only and has
started credit couseling/consolidation(except for the
one collection agency that refuses to work with me, only
screams you lost all rights to make payments! Pay us the
entire amount now!...but that's another story. Anyway, if
any of these unsecured creditors decides to put a lien on my
house (PA) can they do it if only my husband's name is on the
deed and mortgage, and not mine? I know I should be able to
find this myself, but can't.
thanks

If you are already in CCCS, and all your creditors (with the exception you noted) have accepted your repayment proposal, all collection activity will subside, providing you are paying as agreed.
That said, NO ONE can put a lien on your home. A creditor or collector can sue you (assuming the debt is not passed the statue of limitations) and if a judgement is entered againist you, that's different. You do not live in a community property state, therefore IF you were sued and IF a judgment was entered, your home is safe since you are not listed on the title.
As far as the screaming collector, write them a letter stating you are not to be contacted by telephone again, ANYWHERE. Tell them the ONLY means of communication are to be through the U.S. mail. Send this return receipt and they are forbidden by law to telephone you again. If they do, they are in many violations of the law and you will have a nice lawsuit on your hands.
I AM NOT an attorney, and what I am offering are just my thoughts. Please do not take them as what is correct in your state regarding laws and your particular situation.
But I think that PA is a common law state and NOT a community property state. That means supposedly that, if ONLY your DH's name is on the deed, registration document or other title paper, it's HIS property ONLY. Because of that I would THINK that any debts that are in your name ONLY are yours ALONE and YOUR creditors can't come after a 3rd party's(your DH'S) property/assets to collect YOUR payment?
Again, this is just how I THINK it works, I could be wrong. And, if he is a "authorized user" on the cards I DON'T KNOW if this changes things? Or if the house is "willed" to you upon death or something - I don't know if it changes? The lien laws are so complicated to me it seems to differ from state to state.
Wish I could be of more help, hope someone else knows something I don't? Maybe the web has more info?
Good luck.