2nd Lein on Bank Account after 7 yr

Discussion in 'Credit Talk' started by blazman, Mar 6, 2006.

  1. blazman

    blazman New Member

    Greetings,

    First day here, seems like an outstanding board with a great community. I've been browsing for about 2 hours and haven't found anything similar to my current situation, so figured I would start my first post:

    In February of '99 I had a lein placed against my checking account by Celtic Financial, who represented Discover Card. Total balance was around $2.1K and I agreed to pay $450 immediately to release the lein. Subsequent payment schedules were arranged.

    Now, since I had so much debt that I paid off and moved for work at least 7 times since then, my record keeping and memory are less than optimal. I cannot remember if I paid this account off in full or just stopped making payments. I'm more inclined to think I have paid it off in full, but the only documentation I have is from the initial lien back in '99.

    There have been no attempts in years to collect a debt by Celtic (at least 5 years) and this debt does not appear on my credit report.

    Today, I discovered they have placed a lein on my checking account again. I am assuming this is the same debt, since I paid everything else off (around $10k spread over 8 or so companies) but I cannot confirm this until tomorrow morning.

    So, my questions are as follows:

    1) What right do they have to file a lein since I was never contacted?

    2) I will ask for record of my last payment, but assuming for a second that they do not have a record of this, can I claim SoL expired and they must remove the lein? Note that SoL in NY is 6 years.

    3) How long can they hold this lein on my account? I'm basically out of money until my checking account is available again. Assuming that I do not owe this, or SoL is expired, that may take some time to convince/send documentation.


    Any other advice you can provide would be greatly appreciated. Thank you in advance for your help.

    Paul
     
  2. ontrack

    ontrack Well-Known Member

    Did they obtain a judgement against you?
     

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