Can credit cardcompanies put judgements on property

[supersteve]

What is the name of your state? Louisiana

I am being harrased as an authorised user only on my grandmothers now delinquent credit card. I know I am not liable because I never signed anything at all. My question is can they put a judgement against her house? Any help would be greatly appreciated. thanks

 

[bigun]

They have to sue her and win before they can place a lein.

 

[smorr]

And if they win - yes they can put a lien on the house.... And, no you can't be legally harrassed by them unless you did sign the original application. The primary cardholder is responsible for all charges - believe me I know - I stupidly gave the same advantage to an old boyfriend....

 

[supersteve]

Louisiana

I was advised that Louisiana law prohibits unsecured debt from EVER involving property!

 

[supersteve]

authorised user?

Now the company is saying that I am secondary on the account and am responsible. I never signed anything. she just requested a second card in my name. They got my social security number from somewhere though. They wont send me written proof that I signed anything. They say it will be shown in court. Help

 

[bigun]

You need to quit talking on the phone and start writing letters and send them CRRR.
First, dispute any liability with the cc company. Next, when the green card comes back dispute with the CRA. If they cc company verifies with the CRA, you should seriously sue them first. They can't report crap they know is unverifable. This just cost MBNA $90K.


Johnson v. MBNA America Bank, NA
On 2/11/04, the 4th Circuit Court of Appeals handed down its decision in this appeal, affirming a judgment entered against MBNA following a jury verdict in favor of plaintiff Johnson on a claim that MBNA violated the Fair Credit Reporting Act by failing to conduct a reasonable investigation of plaintiff's dispute concerning an MBNA account appearing on her credit report. MBNA's first contention was that the district court made an error when it ruled furnishers of credit information must perform a "reasonable" investigation of consumer disputes. MBNA, in essence, says there isn't a qualitiative component to the investigation provision that would allow a court or jury to assess whether the creditor's investigation was reasonable. The Court went back to the plain meaning of the term "investigation" and concluded it would make little sense to believe that Congress would use the term "investigation" to include superficial, unreasonable inquiries. The court therefore held that creditors must indeed conduct a "reasonable" investigation of their records after receiving notice of a consumer dispute from a credit reporting agency. The next issue, then, was whether the jury's determination that MBNA did not conduct a reasonable investigation was supported by the evidence. The Court looks at the steps MBNA took and finds that a jury could reasonably conclude that MBNA acted unreasonably. Although the disputed credit account was for $17,000, the jury found that Johnson's actual damages stemming from the incorrect information furnished by MBNA totaled $90,300. After finding that MBNA had negligently failed to comply with the FCRA, the jury awarded Johnson $90,300 and that verdict was upheld on appeal. There are many other issues discussed. Read the Court's opinion for complete details.

http://caselaw.lp.findlaw.com/data2/circs/4th/031235p.pdf

There is an outstanding FDCPA/FCRA lawyer in Shreveport, La. named David Szwak. Contact him.

David A. Szwak
Bodenheimer, Jones, Szwak & Winchell, LLP
401 Market Street, Ste. 240
American Tower
Shreveport, Louisiana 71101
318-424-1400
Fax 424-1476
www.bjslaw.com