Video Summary
Can a credit card company put a lien on my house if I do not pay them? The answer is no. An order for a credit card company to even have a judgment lien, they must first file a lawsuit against you many times. If it’s a smaller amount under $15,000, they can go to small claims court and if they receive a judgment, they must then record a certified copy of the judgment and the public records or wherever you own any real estate, for it to be a lien against that real estate. However, that judgment lien does not attach to your home. No liens except, mortgages and construction liens, homeowners association liens attached to your house during your lifetime. And that’s pursuant to the Florida Constitution. So a credit card company’s judgment does not attach your house. You don’t have to pay that credit card judgment at the time you sell your home, and even when you pass away, if you leave your home to your relative or a blood relative, then they don’t have, they’re not obligated to pay the creditor, any judgements that the creditor may have as far as the house is concerned. Do you have any questions about this? Give me a call at (727) 847-2288.
FAQs
No liens except, mortgages and construction liens, homeowners association liens attached to your house during your lifetime. And that's pursuant to the Florida Constitution. So a credit card company's judgment does not attach your house.
How long can a credit card company hold a lien on your house? ›
The lien placed by the creditor is valid for 10 years in California, but can be renewed.
Can a creditor put a lien on my house in Florida? ›
Under most circ*mstances, a lien cannot be placed on your home for a debt that has nothing to do with your home. However, creditors who lend you money to buy, improve or repair your home may put a lien on your home.
Can a credit card debt put a lien on my house? ›
Yes, credit card companies can place a lien on your house, but it's not a straightforward process. Saadeh explains that for a credit card company to secure a lien, they must first sue you for the unpaid debts and win a court judgment.
Can you lose your home over credit card debt? ›
If you owe money for most other debts like credit cards and medical bills, you (usually) did not sign a security agreement. So, the creditors cannot seize your home to pay the debt. But, if you want to sell your home and creditors have filed judgments for unpaid debts, you may need to pay those debts before the sale.
Can credit card debt take your house in Florida? ›
If you are sued for a debt, you may be initially very worried that the creditor will take your property, and leave you on the streets. In fact, some creditors may (illegally) threaten to do just this. But in fact, in Florida, a judgment creditor cannot take your house.
Is your home protected from creditors in Florida? ›
Florida homestead law protects a Florida resident's primary home from judgment creditors. Article X, Section 4 of the Florida Constitution states that a judgment creditor cannot force the sale of your home to satisfy a creditor's money judgment.
What assets are exempt from lawsuits in Florida? ›
Some of the most important assets that are exempt from creditors in Florida include: Head of household wages. Annuities and life insurance proceeds and cash surrender value. Homestead (up to 1/2 acre in a city and 160 acres in the county)
Can you be forced to sell your home to pay for a judgment in Florida? ›
The Florida Homestead Exemption
Article X, Section 4 of the Florida Constitution states that a creditor who has a judgment against you for the payment of money cannot force you to sell your home to satisfy that judgment.
Can credit card companies go after your house? ›
Fortunately, your home is safe from any creditors who do not have a mortgage or lien on it. Credit card companies and other unsecured loan holders can't come and simply take your property or home after missing a few payments. A creditor will first start making collection attempts by mail, phone calls or other methods.
Once it has a judgment, a credit card company can: take money out of your paycheck, called "garnishing" your wages (get the specifics on California wage garnishment law), and. take money out of your bank account (called "levying" against your account).
What happens if you can't pay credit card debt? ›
If this happens: Your lender will contact you to demand the missing payments are made. Then if you don't make the payments they ask for, the account will default. And if you still don't pay, further action may be taken, such as employing debt collection agents to recover the money you owe them.
Who can lien a property in Florida? ›
Contractors, labors, material suppliers, subcontractors and professionals such as architects, landscape architect, interior designers, engineers or land surveyors all have the right to file a claim of lien for work or materials. Always get a release of lien from anyone who works on your home.
Can a creditor garnish my bank account in Florida? ›
A debt collector ultimately could garnish your bank account or your wages if you live in Florida. The first thing they would need to do is file a lawsuit against you for the debt, once they obtained a judgment, they can record that judgment and proceed with debt collection.
How long can a lien stay on a property in Florida? ›
In Florida “no judgment, order, or decree of any court shall be a lien upon real or personal property within the state after the expiration of 20 years from the date of the entry of such judgment.”18 In order to retain a lien for the maximum period of 20 years, the certified copy of the judgment must be recorded ...
