Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
First, in order to get a judgment and a lien they have to bring a lawsuit and win. They can't just put a lien on the home without a lawsuit.
When was the last payment made on the account?
Not sure exactly, but the man I spoke with yesterday said that it was at least 3 years ago. I would have to contact my daughter and have her check the records. The man yesterday said that they were going to file a judgement in Schuyler County, NY which is where we live.
The person you were talking to may have been a collection agency rather than an attorney, no matter what they said. There have been a lot of reports lately of them lying about this.
NY has a six year statute of limitations but that is six years from the date of the last payment. If you were to make a payment today, as an example, the statute of limitations starts all over and they can sue for another six years.
And, again, they have to file a lawsuit, have you served, etc. before they can get a judgment.
The judgment stands even after the home is paid off and would have to be paid before it could be sold. You could give it to your daughter but the judgment still exists against it.
Realistically they aren't likely to pursue that against a double wide and it is much, mch harder to collect on a judgment/lien against a mobile home if you do not own the real property on which it sits.
OK, so rather than respond to him, just let it go and see what happens. What if at some point, the home is paid off and we sell it to her for $5?
No, we lease the land it is on...
She really can't take clear title to the property unless the judgment is paid off.
Just so you know, we are not deadbeats. It was a very expensive car, she lost her job, and as I said he is on a fixed income and couldn't afford the payments. Then when they started harassing and threatening, that's what did it for him.
However, if the "attorney" calls again tell them you are recording the call and see if they still say they are an attorney.
They may be but I suspect not.
Also, did your husband co-sign for the car? Did you?
Should I tell him I have contacted an attorney? No, it was not a co-sign, they don't do that anymore. The loan was in his name. I'm not involved in it other than being his wife. Everything else is in my name and we have separate checking/savings accounts. His pension checks are sent to him for fear that they would attach them.
No, I wouldn't mention that. It doesn't accomplish anything and may make them more wary.
If you weren't on the loan then that makes it even less likely it was a lawyer since they aren't supposed to discuss your husband's debt with you and a lawyer would know that.
OK. should I contact a local attorney just to be on the safe side? You've given me a lot of information and I am resting a little easier now.
There is really no need to contact a local attorney just yet although you can certainly do so if you choose to.
Are you using a smartphone like a Droid or iPhone?
No sir. just my regular cell phone.
There is an app for smartphones that lets you record a conversation. I was going to suggest you record the next call before you hire an attorney and ask the person if they are an attorney. If they say yes then you can use that later.
If he should call again, perhaps I can ask him what firm he is with and say that I want to confirm that. I absolutely hate this, and am a nervous wreck. I know that this is wrong, but it wasn't my doing and am just upset about the fact that they would go after my home.
That's why they said that, because they know it stresses people out and makes them pay.
They're not going to mess with it as long as there is a note on it.
I did tell him that I would have to discuss it with my husband as it was his situation that he was calling about. You have been a great help and I appreciate your time and expertise.
You're very welcome. Anything else I can assist with before I exit to help others?
No sir. Again, thank you so much.
Best wishes to you and your husband on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work. Also, I’d ask you to consider issuing a high rating (9-10) when you receive your customer satisfaction survey as that ensures I can continue to assist people in this category.
You've got it! Already had the mouse on Excellent.
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