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J.Hazelbaker, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4385
Experience:  Extensive experience with contract, debtor/creditor, and consumer law.
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I have unsecured debt from my previous employer on advanced

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I have unsecured debt from my previous employer on advanced commissions, which they want now. Have started a new job and won't be able to start any payment program for another 6 months. This an unsecured loan - my wife and I have our house in a Joint Tenancy are we protected against a lien on our house?
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  J.Hazelbaker replied 5 years ago.

J.Hazelbaker :


J.Hazelbaker :

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Good morning - not sure how this is working

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Expert:  J.Hazelbaker replied 5 years ago.

Sorry. You hit Accept as I was posting my response. I will post it below.

Until and unless you are sued over the debt and the employer/creditor wins a judgment against you, your home is protected. They cannot lien your property until and unless they sue, win, and get a court order permitting a property lien.

Now, if they do sue you and win, then they can lien your property. However, that is not a favored method of collecting on a judgment. The favored methods include wage garnishment and bank levy.

So, even if you are sued, I do not think your home is at risk.

Moreover, it will take at least six months before they can sue and win a judgment, by that time you can negotiate a settlement as you will be able to start making repayments.

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Customer: replied 5 years ago.
Even if it is an unsecured loan?
Expert:  J.Hazelbaker replied 5 years ago.

Yes. An unsecured loan can be discharged in bankruptcy. An unsecured creditor can't take any action against you or your property until that creditor goes to court.

Once an unsecured creditor sues on the obligation and receives a judgment, it can use the court's powers to collect the judgment. This includes wage garnishment, bank levy, seizure of personal property, and judgment liens (such as a lien on a house).

Again, the first two are the most often collection methods used.

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