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Question
Hi,I live in Oklahoma. My husband has several credit cards that he hasn't paid on since around 2007. The cards total about $50k and we have a mortgage together on our home. Can his creditors put a lien on our the home?
Thank you
I live in Oklahoma City as well. What part of Oklahoma do you live in? Yes, they can do that once they sue him and get a judgment. Once they do that then they can put a lien on your home. There are a number of other remedies they have at their disposal as well. It is important to know exactly when the last payment was made on each card because although the Oklahoma statute of limitations is 5 years on written agreements and judges always call credit card agreements written agreements however federal statute defines credit cards as being open accounts and having a 3 year statute of limitations. If he has not made any payments since 2007 then the federal sol will run out on them sometime this year. If you can't force the judge to agree to the 3 year federal statute then the 5 would apply. If you wake them up in any way they just might jump up and sue him so the longer he can lay behind the log the better.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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