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  #1  
Old 07-11-2005, 12:26 PM
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Join Date: Jul 2005
Posts: 2

lien on my house


What is the name of your state? FL

Hello. My name is Jennifer. My husband and I have a joint debt with a company that had a 2 year membership. We paid monthly until they did not uphold their end of the agreement. We told them of our intentions to quit paying the membership, which was financed through a seperate company. They said it was fine and did not instruct us further. We had a phone call today from a collections company that says we owe $2300 and change. He said if we did not pay, he would put a lien on our home. What is involved with doing that and what would it mean for me?

Thank you in advance for any info you can give me
Jennifer
  #2  
Old 07-12-2005, 09:59 AM
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Join Date: Feb 2005
Location: New York
Posts: 813
Is this a membership to a gym, a wholesale club, like Sams/WalMart, or something else?
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  #3  
Old 07-12-2005, 12:41 PM
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Join Date: Jul 2005
Location: Missouri
Posts: 3,805

Not likely


It is a violation of the FDCPA to threaten, that is to tell someone that you are going to do something that you have no intent of doing or cannot legally do.

In order to place a lien on your home, that would have had to been a condition in the contract you signed or the result of a lawsuit and it would still need to be taken to court in most states.

On a separate matter, the club simply did what you requested and cancelled your membership. They got paid within a couple of days after you signed your contract. I'll bet that there is a clause in your contract that requires you to pay the full balance after you cancel the membership.

You need to check your contract very carefully and read the FDCPA.

DC
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  #4  
Old 08-02-2005, 02:46 PM
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Join Date: Jul 2005
Posts: 2
I looked at my contract very carefully. It states that we can cancel if we feel the company is not holding up their end of the agreement. It says if we cancel for that reason that the rest of the contract would be prorated and we would only owe for the months that we used. That is why I assumed it was taken care of.

Thanks
Jennifer
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Laters,
Jennifer
Florida
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