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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I had a lien placed on my name by a credit card company (not

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I had a lien placed on my name by a credit card company (not on specific property). I was in the process of filing for BK. The lien was filed prior to the BK filing. I was told that my lawyer (who knew of the lien) should have filed for the judgement to be set aside at the time the BK was filed. He did not do this. I have been trying to contact the lawyer to get things resolved.

I am not sure, exactly, how this affects me, as I do not currently own a home. I do own a vehicle and need to sell it - but am not sure if the lien will show up when I try to sell. Will it cause a problem when I try to transfer the title to the buyer?

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I would like to assist you with your legal problem. The debt (and judgment) should have been included in your bankruptcy petition. If they were not named in your petition, you can petition the Court to reopen the bankruptcy case to include the debt due to oversight or error by the attorney. I do not know the specifics of why your attorney is not returning or responding to your calls, but they do have an obligation to do so. (The oversight may be negligence and the failure to respond is also a cause for concern). The judgment against you should not cause a problem with these transactions, the lender may try to enforce their creditor's rights, but the difficulties with a bankruptcy such as yours may be more trouble than it is worth. Sometimes you can resolve these issues directly with the creditor due to the oversight (they will have to oppose any petition in bankruptcy which can be costly).

Customer:

Thank you William. It is the creditor's attorney who informed me that my lawyer did not include the judgement in the BK. When I asked what I could do to resolve the issue - the lawyers response was to pay the outstanding debt (which I thought, of course, had been taken care of with the BK). They don't seem too willing to work with me on the issue. I sent another email to the lawyer at the end of last week, but received an automated response that he was away until the 30th. I guess I shall wait a few days to try to contact him again. Is there anything that I should state specifically to get him moving on this? I'm getting very frustrated.

Customer:

The main question today was concerning me needing to sell the car and how that lien might affect the sale. My understanding from your message is that it likely will not be an issue, correct?

William B. Esq. :

You can ask him to respond, ask him for a specific response as to why the debt was not included, and ask him for his proposed action to ensure that this specific pre-filing debt is included in the discharge.

William B. Esq. :

The creditor has to enforce their judgment. To do so, they must collect through wage garnishment, levy on your bank account/personal property (car) - meaning they actually take it from you and auction it off/or attempt to get a lien on your real property.

Customer:

Thank you for that verbiage. It is greatly appreciated. In my last email, I sent him a copy of the email where I initially informed him of the lien and was told it would be taken care of. If I don't receive a response soon, would you suggest a certified letter or other more official form of communication?

Customer:

Aye! What a mess! Never get married - it's too much of a hassle dealing with all of the debt issues of an ex-spouse!

William B. Esq. :

That usually isn't necessary. If you end up in the position of having to hire a new attorney and proceeding to fix this that way (then prosecuting a malpractice issue against this current attorney) you will not need certified letters, simple correspondence should be sufficient.

Customer:

Okay, thank you. I really appreciate your assistance. I'm very happy that I found this site and you. You have been a big help to direct me on my next steps. Do you know if there is a way of printing this chat?

Customer:

I was able to just copy the text and paste it into a word document. Again, I really appreciate your help. I think that's all I need for now.

William B. Esq. :

You can always visit this conversation through a link you are provided after we have finished the "chat" portion of this, and you can continue to ask questions even after that or after you rate my response. I am happy that this was helpful, and I wish you the best with it.

Customer:

Thank you. Definitely very happy with your service. Best regards.

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