Has anyone heard of something like being done? I got a call from a law firm saying they somehow put liens against individuals which completely protects the individual from being sued or being garnished. I was lead to believe that as long as this lien is in place a creditor would have to pay off the lien in order to sue. I don't know squat about liens and thought I'd run it by the folks here.
-
-
Liens are put on property, cars, assets, unless youOriginally posted by jp2861 View Post
take care of the lien (pay what is owed) or get the
lien settled, then you will not be able to sell the property, cars, assets, or whatever the lien is on. -
A lien is just the opposite. I never heard of a lien on an individual to protect them. There might be somethng in that though, especially the part to stop wages from being garnished & from being sued.Originally posted by jp2861 View Post
The creditor does not pay the lien, they can actually take the property if the person does not pay what they borrowed. The person who owes the money borrowed & put up collateral has to pay it back.Originally posted by jp2861 View Post
Maybe you are thinking of what they call 'stay',? that protects the persons property while going through court but not necessarily that they wont have to still pay when court is over if they want to keep whatever the lien is put against. Maybe & maybe not.
For example you can get a loan against land property but not against the house that the property sits on. The creditor will then have a lien for your property & can take it but they can't take the house. You still own the property with a lien but you cannot sell it.
Maybe that is where the idea of the phone call you are thinking comes from?
Maybe there is something to it the way you are thinking if there is a recorded judgment. Maybe the lien in terms you are thinking is put on the other party to stop them from harassing? Not sure.Comment
-
Wow, that is strange. Did this law firm call you out of the blue or is it in reference to your BK?
Only time I have ever heard of a lien on an individual is in a liability case where the lawyer, in lieu of a retainer, puts a lien against a client's recovery.
You know, those lawyers who take a percentage of what the client wins in a law suit.Comment
-
Actually it was a call-back from a site that I requested information from. I don't have any assets so it's definitely a lien on me, as an individual. Supposedly, if this firm has a lien on me I'm untouchable by any creditors. This was explained to only apply to unsecured debt. It went to deep into the law for me to even begin to understand. Just thought I'd run by the forum.
Originally posted by B12 View PostComment
-
jp, based on your posts, it sounds like your fishing for "loopholes" to avoid BK. I think it might be time to face facts.
In any event...based on what I could find, individual lien is a concept for common wealth countries (i.e Canada, England, etc), but it is not a concept accepted by U.S. Law. (and even then, I am not clear how it works in those countries). But trust me, there is no such concept in U.S. law. A "person" cannot be liened; only property can be liened.Comment
-
I was thinking something like that where the lien is based on the persons health so that stress from garnishment & harrasment would not occur.Originally posted by B12 View Post
How would you figure a price on that? I mean, the lien would have to be equal to the amount owed or at least the amount to the largest creditor to stop them from paying the lien being there best interest.Comment
-
I think in this case the recovery mean the amount that would be recovered under the lawsuit....meaning that lien goes against the person and then when and if any money is recovered the attorney receives x amount of money first then the person receives the remaining amount.Chapter 7 Pro Se....Discharged Feb. 2006Comment
-
An attorney's lien is a lien against any money "won" in a lawsuit. Basically, in most states, an attorney has a lien against any judgment IN FAVOR of their client for any outstanding fees owed the attorney. Thus, I don't see how an attorney's lien would protect you form judgment creditors in a lawsuit that you LOST.
Strictly speaking, there is no such thing as a lien against a person. An attorney's lien is a lien against the judgment, not against the attorney's client.Comment
-
Pennsylvania and Kentucky are commonwealths, not states. You can put a lien on an individual, in certain and rather unusual situations.
However, trying to do it to protect from being sued is a scam - along the lines of the ever-popular "income tax is illegal, so we show you how to not pay it" scam.Comment
-
LOL. Kind of like putting a lien on body parts & organs, scam. You can have my gold tooth but you can't have my titanium jaw. Scam.Originally posted by kiddles View PostComment
-
It's amazing how someone can come to such quick conclusions about a persons intentions, especially when they don't have all the facts. All I did was pose a question to the forum. Please, don't be so quick to make assumptions until you have all the facts.
[QUOTE=HHM;113579]jp, based on your posts, it sounds like your fishing for "loopholes" to avoid BK. I think it might be time to face facts.Comment
-
Well, I am just going off of the posts you have been making and that I have been on this forum for over 3 years, patterns tend to repeat themselves!Originally posted by jp2861 View PostComment
-
If you peruse this site, you will find a lot of ideas (opinions) as to what you can expect and what will happen when you stop paying your unsecured creditors. Bottom line is that if you owe money they or a CA will keep coming at you. Even if you could get a lien against yourself, there is nothing to stop them from getting 2nd and even 3rd liens. While getting down to third and fourth lienholder status is probably not appealing to most CA's and creditors, if they smell something rotten, I would think they will make your life miserable.
If one can't suffer through judgments, liens, and potential wage garnishment, then perhaps ones only salavation is BK.Comment
-
Originally posted by jp2861 View Post
It's a scam.
Don't fall for it.
Don't give them any money for this "lien".
If you don't have any assets, then a judgment lien will have nothing to attach to, other than your wages or a checking account.The world's simplest C & D Letter:
"I demand that you cease and desist from any communication with me."
Notice that I never actually mention or acknowledge the debt in my letter.Comment
Comment