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 Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33721
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I received a letter from Sac County recorder dated May

Customer Question

Hi Pearl...I received a letter from Sac County recorder dated May 18,2016 stating that a document which
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: "may" be an involuntary lein has been recorded against me by a creditor.
JA: Have you talked to a lawyer yet?
Customer: California
JA: Anything else you think the lawyer should know?
Customer: No I've not talked with a lawyer yet
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Expert:  Barrister replied 5 months ago.

I think some of your comments and your legal question might have gotten cut off as your comments end kind of abruptly...

.

If you can post your details and some of the back story along with your legal question, I should be able to help.

.

thanks

Barrister

Customer: replied 5 months ago.
Thank you...I wanted to add that I don't own any property and I'm currently not working. Not sure what I can do to rectify this.
Expert:  Barrister replied 5 months ago.

Ok, this is what I see in your post..so I don't have enough information to know what is going on....

.

""Hi Pearl...I received a letter from Sac County recorder dated May 18,2016 stating that a document which...""

.

So I am not quite sure what you are asking...

,

,

thanks

Barrister

Customer: replied 5 months ago.
I received a letter from the Sac County recorder dated May 18,2016 stating that a document which "may" be an involuntary lien has been recorded against me by a creditor. The creditor is FIA Card Services C/O Nelson & Kennard. The original debt was a credit card debt with Bank of America. I'm not sure what to do at this point. I don't own any property and I am unemployed at the moment. The debt is over 6 years old and its been quite awhile since I tried contacting the debt collector to work out a payment plan.
Expert:  Barrister replied 5 months ago.

Ok, thank you for that information... If you recognize the debt, then that just means that they have recorded a judgment lien against you in the local land records office. This would attach to any real estate that you own in that county. But if you don't own any real estate, then it is kind of a moot point as the judgment lien doesn't have anything to attach to..

.

So if you don't own any real estate in the county where they recorded the judgment lien, for all intents and purposes, it doesn't mean anything to you.

,

Now if you bought real estate or inherited it or was gifted it, then that lien would instantly attach to the property as soon as it was transferred into your name..

.

But otherwise, it doesn't really affect you..

.

.

thanks

Barrister

Customer: replied 5 months ago.
Thank you but if I start working, will they be able to take money from my account or from my paycheck?
Customer: replied 5 months ago.
Also, it was my understanding that if the debt is 7 years or more old, it is dropped as if I had filed for bankruptcy even if the debt is purchased by a new creditor.
Expert:  Barrister replied 5 months ago.

They can, but that doesn't have anything to do with the judgment lien being recorded at the local land records office...

.

They would have to contact the local court clerk, get a garnishment order, and then serve it on your employer to garnish your wages.

.

And the same thing applies to levying on any bank account...they would have to know where you bank, get an order from the clerk, and then serve it on the bank to seize your accounts.

.

Also, it was my understanding that if the debt is 7 years or more old, it is dropped as if I had filed for bankruptcy even if the debt is purchased by a new creditor.

.

That is incorrect as you are talking about a credit report entry. This is likely a judgment, not just a debt... Judgments are good for 10 years from the date of entry and the creditor can renew them for another 10. So if they sued you at some time and got a judgment against you, which is what this sounds like, because that is what you record at the recorder's office, then it is good for 10 years from the date of the judgment and then another 10 if they renew it.

.

.

thanks

Barrister

Customer: replied 5 months ago.
basically I should continue to work with the creditor to pay off the debt no matter how old the debt is because any debt collector can file a suit against me no matter how long it has been since the debt has been in collections? Would have it been better for me to have just filed bankruptcy many years ago when this all began?
Expert:  Barrister replied 5 months ago.

Your comments indicate that you don't think that you have been sued and had a judgment entered against you...

.

But that is what gets recorded in the recorder's office...the actual judgment against you that the creditor gets after suing you. That is what I believe the letter you mention is referencing...the recording of the judgment against you..

.

So are you saying that you have never been sued for the debt with a judgment having been entered against you?

.

.

thanks

Barrister

Customer: replied 5 months ago.
I did receive documents indicating that I was being sued for my debt.
Customer: replied 5 months ago.
I wanted you expert advice on how to handle this now that I have a judgement against me. I should deal directly with the debt collector I'm assuming
Expert:  Barrister replied 5 months ago.

Ok, then if you didn't respond, they got a default judgment against you.. That is what they recorded and that is what the letter is about.

.

So the judgment is good for 10 years, and then 10 more if they renew it. That means that they can continue to try to collect on it as long as the judgment is enforceable..

.

So yes, if you are concerned about them trying to garnish your wages or seize your bank accounts, it would be a good idea to contact the creditor to see if they would settle the debt with you. You can tell them that you are going to file bankruptcy for this and some other debts if you can't settle it. They know they will get nothing if you actually did file BK, so that will give you some leverage in negotiating a settlement with them.

.

.

thanks

Barrister

Customer: replied 5 months ago.
Thank you for your help Barrister
Expert:  Barrister replied 5 months ago.

You are very welcome. Glad to help any time..

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

.

thanks much

Barrister

Expert:  Barrister replied 5 months ago.

Hello again, I just wanted to check and see if you had any further questions?.

.

.

thanks

Barrister

Related Real Estate Law Questions