credit card. This has got to be illegal! My friend was sued due to a delinquent Discover card. He then settled the lawsuit but the CA that sued him did not report the suit settled to the court so the court placed a lien on his parent's home. I'm sure you're wondering, HIS PARENTS DID NOT CO-SIGN FOR THE DISCOVER CARD. Not legal, right? His parents were in the midst of refinancing their house when they discovered this. It appears that it was a case of mistaken identity because my friend's name is similar to his father's. The public record only appears on his father's Experian report. This lien has been in place for a 18 months now. What should they do? Can they sue the CA or Experian? Any information would definitely be appreciated. Simon
"Easy enough. Go to the court that issued the judgment and petition to vacate." Keepmine, What does this mean exactly?
I know in AZ courts do not place liens. You have to get the judgment and then the plaintiff files a copy of the judgment with the recorders office and places a lien that way. I imagine it is very similar in most states. I say this, because if the lawsuit was settled, it appears that the ca may have illegally placed this lien, unless it was done before the case settled and the ca negligently failed to remove it. What do you think Keepmine? Make sense?
I know that my friend went to court, where arrangements were made for payment, more than a month prior to the lien being placed on his parents home. Would this info. suggest that the lien was placed illegally?
Here's how I think I'd handle it. Go to the courthouse and get a copy of the judgment. There will be a lawyer's name who "perfected the judgment" {perfected-contradiction in terms here}. Send him a letter {CRRR} saying basically "you got the wrong party" and you have 5 days to file the motion to vacate or, I'll sue. The lawyer should be able to handle it with one trip to the courthouse. If not, tap their E&O policy.
LKH, You're right. After the judge issues the ruling, the lein ends up being recoreded elsewhere. Recorder's office or, Probate Judge's Office. Who knows how it happened. They may well have gone ahead and gotten the judgment even though the deal was reached to be sure the defendant kept the payment arrangements and then, when the debt was satisfied somebody just forgot and anyway it was on the wrong person. Dad just caught in the crossfire. One of thefunniest things I ever saw in court was a case called and this old decreipt man came forward being sued over a auto defiencey on a T-Bird! Seems the lawyer sued Grandpa instead of the grandson. The judge chewed on that guys A## unmercifully. His last words were "son, it's hard as hell to win a lawsuit if you sue the wrong person".
I say this, because if the lawsuit was settled, it appears that the ca may have illegally placed this lien, unless it was done before the case settled and the ca negligently failed to remove it. LKH | =========== The, CA illegally placed a lien on property that did not belong to the debtor. Has nothing to do with if the case was settled or not! A-50-C
Would this info. suggest that the lien was placed illegally? Simon ===========Both the judgment and the lien are not legal because they have nothing to do with the debtor.
