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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Their has been a judgment placed on my house from a law sute

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Their has been a judgment placed on my house from a law sute from a credit card company. I had been advise by a few different lawyers told me just to let the judgment take place and bankrupt. This will erase the judgment. No one said the judgement would go against the house. I did not find this out until I try to sell the house. What can I do?
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, did you file for bankruptcy?
Customer: replied 4 years ago.

NoI have not. I have been told that that would not help by a different source, and it will take along time. I have signed a contract to sell the housed, and that is how I found this out. Do I don't know what to do.

Thank you for your follow-up, Phillip.

I am genuinely sorry to hear that you are in this situation. Once a judgment lien is placed against your property, there are onl a few limited means of removing it, and a bankruptcy would not do it:

1. You can pay off the judgment.
2. You can contact the holder of the lien, offer a settlement amount for less, and ask them to release the lien.
3. You can go to court and file for a 'quiet title' action which would, if upheld, remove the lien. But to do so you would need to prove that this lien was somehow fraudulent, wrong, or invalid, which the facts do not stipulate.

The fastest and most certain option is the second option because it would grant you a written release and waiver of the debt. Just be aware that it would be granted solely at the lien holder's discretion and the lien holder could attach additional charges for interest and costs for placing the lien against your property.

Good luck.

Dimitry K., Esq. and 14 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Why have I been told by lawyers including the one representing the credit card company that Banruptcy would remove and erase the judgement?


They are not quite wrong but they are not correct. A bankruptcy will remove your OBLIGATION to pay the debt, but it will not remove the lien or the debt itself. In other words this debt is now attached to the property, if you need to remove it, you would need to go and file for bankruptcy to get a discharge, and then pursue this 'quiet title' action that I described. Bankruptcy will not remove the debt, it will simply remove your obligation to pay it.

Good luck.

Customer: replied 4 years ago.

Is there a chance that the credit cardcomapny will take a settlement even it has gone this far?


Speaking as a former collection attorney for such entities, there is absolutely still a potential settlement option. I admit it is far less likely because a judgment was obtained, but if you bring up the fact that you are willing or strongly considering bankruptcy, the holder of this lien would be far more likely to negotiate and strongly consider agreeing to a lesser amount. There is no guarantee but it is much more likely thank you probably suspect.

Good luck.