Lien inquiry....and settling judgement?
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Posted by Barbara (220.127.116.11) on September 04, 2002 at 16:54:38:
Although the SOL is up for all of our debts, I only have the statements proving this that are dated to the 5-yr SOL this December. There are no CA'S after us at this time, thank goodness. I have written before and got some very good info from Linda, Why Chat, and others. Thanks. I am the one who has a 2-year old default judgement against me (not my husband). My husband is on SSI. We own a house, but I found out that in Missouri supposedly a lien cannot be attached to a house if it is owned as "tenancy by the entirety", and the judgement is only on one spouse. I still haven't found out if there has actually been a lien put on it. My first question is: Since our property records are public, will our creditors find out that I have inquired about a lien on our home? Do I have to put my name on something? I do not want to do anything that will get a vicious CA on my trail, and start putting more stress on an ill and delicate situation.
Secondly, when I have reached December, when I have definite proof of default (a big sigh of relief!!!), I have been giving consideration to making an offer to pay the judgement, if they would settle on very little. I have someone in my family that can help a little. I am afraid though that there may be too many negative consequences (those CA'S at my heels for one) from reading months of posts to this board. It is just that if we need or want to sell this house, we could not pay a judgement first, as the house is not worth very much, and the judgement gets higher every day with interest. Could someone tell me exactly what an attorney should do to protect me from the CA selling this debt to someone else after settling with them? I know about getting the 1099 form and maybe setting up an escrow account, but are there other things I should be aware of?
Our alternative is to do what Why Chat suggested as a possible answer, to wait out the judgement as so many things can change here in Missouri: higher homestead exemption, more personal info needed to get a judgement, although I do not know if that would apply to renewals. Waiting seems like the right way to go, but I feel the need to know more in order to be guided to the right path that feels comfortable.
Thank you for taking the time to read this. Any suggestions for our situation are so welcome. Sorry this is so long...thanks for reading and for your help...
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