Consumer Protection Law

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In NJ can an attorney put a lien on your property if you own…

Customer Question
In NJ can an...

In NJ can an attorney put a lien on your property if you own him a large sum of money if you start paying him monthly installments

Lawyer's Assistant: Have you talked to a NJ lawyer about this?

No

Lawyer's Assistant: What steps have you taken so far?

None. That's why I'm asking the question.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can they try to obtain the money another way if you start making small monthly payments?

Submitted: 3 months ago.Category: Consumer Protection Law
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Answered in 9 minutes by:
3/28/2018
Consumer Protection Lawyer: Lucy, Esq., Lawyer replied 3 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

They cannot put a lien on your property unless you specifically signed a contract granting him a lien or he sues you and gets a judgment from the court. They are allowed to sue and get a judgment even if you make monthly payments, unless your fee agreement says that he's willing to accept payments. A person unfortunately cannot decide on their own how much they want to pay toward a debt without the other party's consent.

Most creditors who get a judgment and place a lien will only foreclose if there's enough equity to pay off any liens and pay the judgment. So whether they would try to take your home away from you is going to depend on how much the house is owed versus what's it worth. One option, if you have significant equity in your home, would be to get a home equity loan or line of credit to pay the lawyer and make monthly payments toward that.

If you do not agree with the amount the lawyer is asking for, you can force him to go to court. That way, you'd be able to defend the amount he's asking for and possibly reduce it before he could get a judgment or place a lien.

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent service. Otherwise, please rate my answer positively so I get credit for the time spent speaking with you today. Mobile users may have to scroll to the right. Thank you.

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Consumer Protection Lawyer: Lucy, Esq., Lawyer replied 3 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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