Notice of Involuntary Lien in California

Question: I reside with my mother in California (house is in her and my brothers name). One of my creditors has sent me a Notice of Involuntary Lien. When I contacted the law office working on this case, I was informed that a lien as been placed on the house I reside in. I didn't know it was legally possible to have a lien placed on something that isn't in my name. Is this right or is this a scare tactic?

Answer: Although you did not specify if the the creditor had actually filed a lawsuit against you, it is mostly likely a scare tactic. Subject to a very limited except, it is generally illegal to record an involuntary lien on another person's property without first filing lawsuit and obtaining a judgment or court order.

If the law office did send you a Notice of Involuntary Lien as a scare tactic, this is most likely a violation of the Federal Fair Debt Collection Practices Act. The law firm might be liable for damages, including emotional distress and attorney's fees.

If the law firm did obtain a judgment against you, they may have recorded an Abstract of Judgment. Recording an Abstract of Judgment does put a lien on real property in your name. Unless you are also on title to your mother's house, she should have nothing to worry about.

About the Author: Carl H. Starrett II, has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.