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Can a credit card company put a lien on jointly owned property when only one person is the named debtor in Florida?
Wiki User
∙ 15y ago
A lien is possible but it could not be used as a forced sale for recovery of monies owed. The lien would stay valid until paid or the person whom the judgment was against died. The aforementioned does not relate to marital property as Florida law allows and presumes that a married couple holds real property as Tenancy By The Entirety and cannot be attached in any manner when only one spouse is the debtor.
Wiki User
∙ 15y ago
Wiki User
∙ 13y agoThe lien would be ineffective against property owned by a legally married couple as tenants by the entirety. A lien would be effective against the property if it is held as joint tenants with the right of survivorship.
You should check with an attorney in your jurisdiction. In some states a creditor with a lien against one joint tenant can force the sale of the property and split the proceeds with the non-debtor tenant. In other jurisdictions the creditor can only take the interest of the debtor and try to sell it. A lien against one joint tenant would have to be paid if the property is sold or mortgaged.
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In the State of Florida is the husband responsible for credit card debt that belonged solely to his deceased wife?
No, Florida is not a community property state therefore debts not jointly incurred belong solely to the person who holds the account. In Florida married couples are generally presumed to hold jointly owned property as Tenancy By The Entirety (TBE) which makes such property exempt from creditor action when only one spouse is responsible for the debt.
Can a credit card company put a lien on jointly owned property when only one person is the named debtor in California?
yes. as long as the debtor holds interest in the property at the time.
In the state of Florida under homestead exemption can a collection company for a credit card place a lien on that property or force a sale?
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Can a credit card company put a lien on a jointly owned property when only one person is named the debtor in North Carolina?
Maybe, it depends upon how the property is titled. Generally when a judgment debtor is married and the spouse is not a part of the judgment order, then real property cannot be attached by the judgment writ.
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In Florida is a spouse responsible for credit card debt that is solely incurred by the other spouse?
No. Florida like several other states treat marital debts as being separate when they are not jointly incurred.
If a credit card company gets a judgment for bad debt and the card is only in one name can a joint property be taken in Florida?
The property can not be taken if is it a joint property. If you are the only one on the judgement, then your spouse is entitled to protect his/her property. He/she must file an affidavit with the court and the sheriff's department to obtain an exemption of the property.
Can a UK citizen who has bought property in Florida open a bank account and get a US bank credit card if he has very good credit?
no
FDCPA in Florida protect home from credit card collection agency?
How much can a credit card collector do with a lien on your property in Fl
Can credit card company garnish state retirement check in Florida?
Credit card companies could not garnish a retirement account at one time in Florida.
Are you liable for credit card debt if the credit card company has your Social Security number wrong?
If you held the account in name either solely or jointly and used the credit available you are still responsible for the debt, the error of the SSN is irrelevant.
If you marry someone who is in default on their credit card how will it affect your credit?
Debts or the defaulting of, does not carry over into a marriage. Therefore, the other spouse's credit rating will not be jeopardized. If real property is jointly purchased, the creditor may be able to get a judgment based on the debtor's share.
