Debt Management Plan ?

Discussion in 'Credit Talk' started by jordenand, Jun 29, 2009.

  1. jordenand

    jordenand Member

    Hi I am newbie in this forum Can the companies that I owe money to threaten to take my house or flat once that I am in a Debt Management Plan?

    Anybody can give some comments?
  2. cap1sucks

    cap1sucks Well-Known Member

    Anybody can threaten anything they want but the question is can they legally do what they threaten to do and is the threat something they actually intend to do or is it just an idle threat. You use the word FLAT which of course means APARTMENT. No, they cannot take your apartment if you are renting because it does not belong to you.

    Whether or not they can take your house is quite a different story. If you own your home free and clear then they can put a lien against it but whether or not they can actually take it from you depends on state law so we can't really answer that question for you with the information we currently have. If you owe money on the house and they took it they would have to pay off the lender before they could get legal ownership of the property. If you owe the lender more money than the house is currently worth it would be a losing proposition for them so they would be very unlikely to do that.

    So now we have a new question before us which is could they legally do what they threaten to do? Actually, two questions are present. They other is whether or not they actually intended to do what they threatened to do or was it a threat which they had no intention of actually doing. If they threatened to take your home or apartment but actually had no intention of doing so then they have violated federal law. If they threatened to do that which they could not legally do then once again, they have violated federal law.

    So whether or not a violation has occurred depends upon two things.
    (1) Could they legally do that which they have threatened to do and

    (2) Did they actually have any intention of doing that which they threatened to do?

    If they have violated the law then you might want to sue them under federal law.
  3. jbenson304

    jbenson304 New Member

    bummer on those formatting issues there, edhardy.
  4. sparq

    sparq Well-Known Member

    Nah, look at his post history. He's trying to bump up his post count so he can spam the forums. He's got a half dozen identical posts.
  5. jjgross

    jjgross Well-Known Member

    Not only here plus other sites he's a busy guy today.

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