How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask WALLSTREETESQ Your Own Question

WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15695
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
Type Your Bankruptcy Law Question Here...
WALLSTREETESQ is online now
A new question is answered every 9 seconds

i have just received notice of involuntary lien from a delinquent

Customer Question

i have just received 'notice of involuntary lien' from a delinquent credit card in CA, what can this lien do if I don't have any property? Will a bankruptcy remove an 'involuntary lein'? And what are the things that would cause a person to NOT be able to file Chapter 7 bankruptcy?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 3 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.

WALLSTREETESQ :

Liens can be discharged in a bankruptcy, if the lien is for an unsecured credit card their will be no issue.

WALLSTREETESQ :

The main reason an individual could not qualify for a chapter 7 are the following:

WALLSTREETESQ :

1. your income is higher than the state average

WALLSTREETESQ :

2. you have been discharged previously within the past 8 years

WALLSTREETESQ :

If you have no property for the lien to attach their is little if anything they can do,

WALLSTREETESQ :

If satisfied with our service please press the accept button so we can receive credit.

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15695
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
Is there anything a lienholder could do to me LATER, if they can get nothing NOW?

And does an unpaid lien stay on my credit report, and for how long?

And FINALLY, i was never personally served for this court appearance that i had a lien placed upon me, what grounds do i have???
Expert:  WALLSTREETESQ replied 3 years ago.
A lienholder can only collect in the future if you have assets to collect on.

After 7 years the unsecured lien would not be on your credit report.

If you were not served personally, you would have to see if personal service is required, and if it is, you could reopen the case, through a motion to reopen, or similare Court action.
Customer: replied 3 years ago.
So are you saying that if i DID have assets in the future, they could attach the lien? For howlong do they have this option? And ALSO, please, what assets could they go for, isit just property? Cars also? What about an IRA account, can they attach the lien to THAT???
Expert:  WALLSTREETESQ replied 3 years ago.
The judgment gives the credit card issuer the right to garnish the consumer's wages and to levy against his bank accounts and other personal property.

In the state of California a lien placed against your property for an unpaid judgment can remain in place for a period of ten years. The creditor then has the option of renewing the lien for an additional ten years. The renewal of the lien must be filed prior to the first lien expiring, and in some cases it can be done automatically. These provisions by law can be found in section 683.020. Section 683.030 allows it to be initially enforced, and sections 683.120(b) and 683.150(a) allow it to be renewed.


WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15695
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
Relist: Other.
i just want a second opinion, please.
Expert:  WALLSTREETESQ replied 3 years ago.
The lien cannot be attached to any IRA account, only non exempt property such as bank accounts, wages, and possibly even on real estate. IRA'S are protected.
Customer: replied 1 year ago.

Hello again. I'm finally gonna pay you a bonus for your answers, thank you, but i wanted to clarify a couple things first:


 


1. Your answer: "After 7 years the unsecured lien would not be on your credit report." THEN you said, "In the state of California a lien placed against your property for an unpaid judgment can remain in place for a period of ten years. The creditor then has the option of renewing the lien for an additional ten years" Can the lien never be back on my credit report again after 7 years? Or would it stay on my report during the entire length of the lien? So i could have a lien against me, but it NOT be on my credit report?


 


2. Please explain to me how the system works, if i had a lien put on me NOW, would it be attached to MY NAME, or to a certain piece of me, like a bank acct.? So if i get property in the future, or own stock in a company in the future, would they beableto put a lien on it then? i had a bunch of unsecured debt in CA, and decided nottogothru a bankruptcy because i donot own property.


 


And your answer: "The lien cannot be attached to any IRA account, only non exempt property such as bank accounts, wages, and possibly even on real estate. IRA'S are protected."


 


WHAT DO YOU MEAN BY STATING, "possibly even on real estate"? And does that include if i owned stock in a business? And can a lien be placed upon a VEHICLE? And ifso, is there a limit of value of the vehicle that they CANNOT place a lien on?

Expert:  WALLSTREETESQ replied 1 year ago.
1. Your answer: "After 7 years the unsecured lien would not be on your credit report." THEN you said, "In the state of California a lien placed against your property for an unpaid judgment can remain in place for a period of ten years. The creditor then has the option of renewing the lien for an additional ten years" Can the lien never be back on my credit report again after 7 years? Or would it stay on my report during the entire length of the lien? So i could have a lien against me, but it NOT be on my credit report?


ANSWER: The credit agencies would not list the lien after 7 years.
You can have a lien but not have it on your credit report.




2. Please explain to me how the system works, if i had a lien put on me NOW, would it be attached to MY NAME, or to a certain piece of me, like a bank acct.? So if i get property in the future, or own stock in a company in the future, would they beableto put a lien on it then? i had a bunch of unsecured debt in CA, and decided nottogothru a bankruptcy because i donot own property.


A lien would have to be placed on property, their would be a judgment that would appear, and if their is a bank account it can be frozen or if you have property the lien could be attached.


And your answer: "The lien cannot be attached to any IRA account, only non exempt property such as bank accounts, wages, and possibly even on real estate. IRA'S are protected."

Liens can be placed on real estate property in CA, however it is difficult but possible, also on motor vehicles and other property.

The following would be exempt.

Real estate: Real property, mobile home, co-op, or condo to $50,000 if single and not disabled; $75,000 for families if no other member has a homestead; up to $125,000 if 65 or older or disabled or $100,000 if 55 or older, single and earn under $15,000 and creditors trying to force the sale of your home; or 55 or older, married, earning less than $20,000 and creditors trying to force the sale of your home; proceeds from sale of home are exempt for six months [704.710, 704.720 and 704.730]
Personal property: Furnishings, clothing, appliances and food (amount needed) [704.020]; bank deposits from social security to $2,000 ($3,000 if married) [704.080]; building materials for home improvement up to $2,000 [704.030]; jewelry, heirlooms and art up to $5,000 total [704.040]; motor vehicles or auto insurance proceeds on vehicle to $1,900 [704.010]; personal injury claims or recoveries, amount needed for support [704.140]; wrongful death causes of action or recovery, amount needed for support [704.140]; books, equipment, furnishings, materials, motor vehicle (if not claimed otherwise), tools, uniforms, and vessel up to $5,000 total (married couples may double to $10,000) [704.060]


Customer: replied 1 year ago.

Thank you for the information, but please answer probably the most important question i had w/some more clarifications:


So if i get property in the future, would they beableto put a lien on it then? Is the lien 'open ended' for them to attach if i ever get money and buy things in the future, or does it happen that when they goto court to get the lien itis attached to 'something' at that time only?(a bank acct or property or?)


 


And if they COULD attach a lien L8r, 1. Does that ever happen? 2. And is there a limit asto how much time after the debt occured that they COULD do so?


 


And if, say, i own stock in a company in the future, could they put a lien on the shares i owned?


 


And FINALLY, at this point the debts have all been sold off to collection agencies, does it ever happen that a collection agency pursues the money at a L8r date after 7 years?????


I'll pay the 'bonus' w/the response, thank you!

Expert:  WALLSTREETESQ replied 1 year ago.
If the lien has not expired it could be attached on your property.

These collection agencies do still go after the debts, if they received a judgment.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.