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Since you popped up, I'll respond. I have found that I have a lien against my Texas property. It appears Discover Card claims to be owed money for a card my exwife owned when we married. They issued me a card when I began paying the bills but I never applied for the card and know nothing of the debt from early 2000's. How do I get rid of it.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

That is about all I know at this time; it is a $10,000 lein.

Submitted: 2 years ago.Category: Legal
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Answered in 2 hours by:
2/17/2016
Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Do you know what year the judgment was rendered by the Court? Or, not sure?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

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Customer reply replied 2 years ago
It was filed in 2008.
Lawyer: Ely, Counselor at Law replied 2 years ago
Thank you.
If the judgment was taken out back in 2008 (and the lien is based on this), then it is too late to file an appeal. The best possible recourse here is to file a Bill of Review, which seeks to set aside a judgment based on equitable arguments, but if the statute of limitations for filing regular appeals have passed. See here:
http://www.jtexconsumerlaw.com/V10N3/V10N3Equitable.pdf
Counsel is highly recommended, but not mandatory. One can argue that the property was no longer community property per the divorce and thus, you should not be liable for the debts even if her name is ***** ***** it (or was?).
Another way to approach this is to file a Motion for Clarification in Court on the decree, asking the Court to decide who should be liable for the debt, and perhaps the Court will order her to pay the debt and/or to reimburse you/hold you harmless for any inconvenience/liability of the lien/judgment. In fact, since the motion is "faster" than the bill of review to be heard, it may be best to attempt the motion, first.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
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Customer reply replied 2 years ago
One clarification; the property was never in her name and the card was not in my name. The lien for her debt was filed against me ( my property).
Lawyer: Ely, Counselor at Law replied 2 years ago

Thank you. Then they should not have attached it to the property. If so, then the Bill of Review would be the better choice.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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Lawyer: Ely, Counselor at Law replied 2 years ago
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!
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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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