How long does it take CC companies to put a lien on your house?

[octoblonde]

I'm thinking about delaying filing for a few months. I'm wondering how it works when CC companies sue and put a lien on your house. I'm collection proof, because I'm on SSDI, so I *think* the only thing they could do if they obtained a judgement against me is a put a lien on my house, which is jointly owned.

How could I stop them or make it more difficult for them to freeze my credit union account? NY has a law that they can't take SSDI money, but I read that they only have to leave you with 2 months' worth. Would changing by account number work or would I have to provide that when they sue? I'm nowhere near any lawsuits yet, but I'm just trying to prepare.

Any input about how judgements & liens work would be appreciated.

Thanks!

[espo1357]

I'm thinking about delaying filing for a few months. I'm wondering how it works when CC companies sue and put a lien on your house. I'm collection proof, because I'm on SSDI, so I *think* the only thing they could do if they obtained a judgement against me is a put a lien on my house, which is jointly owned.

How could I stop them or make it more difficult for them to freeze my credit union account? NY has a law that they can't take SSDI money, but I read that they only have to leave you with 2 months' worth. Would changing by account number work or would I have to provide that when they sue? I'm nowhere near any lawsuits yet, but I'm just trying to prepare.

Any input about how judgements & liens work would be appreciated.

Thanks!

Never heard of a cc putting a lien on a home, although it may be possible.

The CC's will try to get a judgement, and then go for a garishment. You can hold them off by defending any lawsuit they may have for you.

However, the best move is to file a chapter 7 if you qualify. If not, a chapter 13 will do. It really all depends on how much you make. If you have a good income, and good earning potential, then work something out with the cc company. If the future looks bleak, then BK is the way to go imo.

[octoblonde]

Espo, thanks for your response. I'm on Social Security disability, so they cannot garnish my income. The only other income I receive is child support and I usually just cash that check every month. The attorney I consulted with mentioned that the CC companies can put on lien on my house eventually if I didn't file. I'm not even late on payments yet, except to 1 company. I really want to file Ch.7, but I have to make sure I can keep my vehicle or if I had to buy it back, it wouldn't cost too much. I also have to find an attorney who I am confident in.

[Pandora]

octoblonde,

Are you certain you can sustain the house payment, car payment, utilities as well as a Ch. 13 plan payment on your SSD? If you dont reaffirm the house and ride through, but find later down the line you have to walk due to not being able to afford things, your co-signer/owner will take the hit and be on the hook.

You need a really good attorney who has dealt with your situation many times over. I saw your other thread where you asked about reaffiming the note - and wanted to ensure you understood that reaffirming doesnt remove the co-signer/co-owner's responsibility for the loan.

Never file Ch. 13 just to keep a vehicle. Also, dont assume any lien holder wont foreclose - one way or another they'll get their money and more and more are opting to take whatever they can get.