Judgement Lien on Property - questions

[amyjeans]

What is the name of your state (only U.S. law)? CT
I need some help with a situation. We currently owe a debt which has been taken over by a local attorney.
Long story short-
Debt balance of 3k

We are in Connecticut-

original creditor- sold to collection agcy then sold to atty. Judgement placed against us for debt- we did verification, do not deny debt and commit to payments on a monthly basis- per court order and our ability to pay said debt. The atty has us on an auto pay plan weekly and we have been diligent since the court judgemnt placed on 3-31-05. Never missed a payment (auto deduct)
So last week we get a letter from the atty stating they have filed a judgement lien on our home and sent a copy to the town clerk for the balance due plus all applicable fees.
my questions are:
1- I see no record in the courts showing a lien on our property as of yet (8-5-08). Don't the collectors need to file with the courts BEFORE contacting the town?
2- Can they do this, even if I have been religious about making my payments?
according to the CT law-"In the case of a consumer judgment, the Connecticut court may require that the judgment creditor or debtor applies for an installment payment order and may not permit execution on a judgment debtor's wages or other non-exempt personal property unless the debtor is in default of the installment payments. (Section 52-356d, 52-356d.) If a judgment debtor fails to comply with an installment payment order, upon application by the judgment creditor, a wage execution may be issued. (Section 52-361a.) "
We are not in default.
3-Is credit card debt considered consumer debt?

They stated in the letter they can do this even if we have been making payments.

4- Why all of a sudden have they done this- besides the obvious- they are impatient. BUT they are getting paid!
5- what happens to us once a lien is placed?
can we lose our home?

Let the beatings begin.

ThanksWhat is the name of your state (only U.S. law)?

 

[amyjeans]

wow- no takers?
I was advised elsewhere that it is possible the letter was sent in error- and that there is no way they could place a lien without me being in default, which i'm not, and through the court.
BUT attached to their letter is a document with a lot of legal jargon although not in the required court format.
interesting.

 

[TigerD]

we have been diligent since the court judgemnt placed on 3-31-05. Never missed a payment (auto deduct)
So last week we get a letter from the atty stating they have filed a judgement lien on our home and sent a copy to the town clerk for the balance due plus all applicable fees.
my questions are:
1- I see no record in the courts showing a lien on our property as of yet (8-5-08). Don't the collectors need to file with the courts BEFORE contacting the town?

Depending on the jurisdiction, liens can be automatic or require filing the lien. You will not be notified in advance.

2- Can they do this, even if I have been religious about making my payments?
according to the CT law-"In the case of a consumer judgment, the Connecticut court may require that the judgment creditor or debtor applies for an installment payment order and may not permit execution on a judgment debtor's wages or other non-exempt personal property unless the debtor is in default of the installment payments. (Section 52-356d, 52-356d.) If a judgment debtor fails to comply with an installment payment order, upon application by the judgment creditor, a wage execution may be issued. (Section 52-361a.) "

They haven't executed anything. But you cannot sell or refinance your house without paying them. It is an additional layer of security.

We are not in default.

Nonsense -- If you haven't paid the judgment in full, you owe the whole amount.

3-Is credit card debt considered consumer debt?

That is correct.

4- Why all of a sudden have they done this- besides the obvious- they are impatient. BUT they are getting paid!

Because they want to make sure you keep paying them. If you sell your house, they want their money.

5- what happens to us once a lien is placed?
can we lose our home?

Can you? Yes. Will you? I doubt it.

DC

 

[amyjeans]

right-I just read the letter, and it says a judgment lien is filed automatically after judgment is obtained, whether or not we are making payments.
I'm going to give them a call about it.
Thanks.