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Roger, Attorney
Category: Business Law
Satisfied Customers: 31766
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Not sure if this fits in Real Estate or Business. My husband

Resolved Question:

Not sure if this fits in Real Estate or Business. My husband helped a 'friend' start a business by opening up a company checking account at BofA. He did no work for this 'friend', received no payment from the business and never used the account or any card associated with it. The account was opened under our home address but no names. The friend's business went under of course, and a creditor has now placed a lien on our home for this person's debt. The amount he claims he is owed is about $10,000. Our not-so-good friend says he does not owe it and is having his personal attorney supposedly look into it, but it's been 4 months and no dice. We feel it's time to get our own attorney handling this for us as it seems ridiculous for it to even be a legally viable lien. We're sure the debtor is just trying to apply pressure but we can prove we had nothing to do with this business. What would our next step be, and what kind of attorney would handle this issue?
Submitted: 7 years ago.
Category: Business Law
Expert:  Roger replied 7 years ago.

Any creditor's lien would have to be against property OWNED by the party it dealt with - in this case, your friend.


Therefore, unless you or your husband have dealings with this creditor, you should have an attorney write a letter demanding that the lien be removed unless it can produce evidence that you have entered into any type of contract with it. If the creditor is not cooperative, you can file a lawsuit to remove the lien and seek your costs and fees, including attorneys fees, in having to file this action.


The fact that your address is on the account does not give a creditor of your friends business to put a lien on property not owned by your friend/his business.


You can visit to find a real estate, contract or litigation attorney in your area to do this for you.

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