I have an outstanding debt ($3000) with a credit card company. I no longer reside in the country. The credit card company, through an attorney, was able to obtain an Abstract of Judgment against a home owned by my brother-in-law. At the time I incurred this debt, I was not married. Thus, the person was not related to me in any way. In any event, he had absolutely nothing to do with my account with the CC company. Unfortunately, he received notice from the county recorder in California naming me as the debtor, but a lien has been placed against his house. What are the correct steps for my brother-in-law to take to remove this false lien against his house? Can he simply file a formal dispute letters demanding a release of lien? I cannot afford an attorney. At this moment, we do not know if this judgment has been reflected on his credit report. Obviously, this a major concern. Thanks for your advice.
Answer
When judgment creditor records Abstract of Judgment, it goes against all property in the name of the judgment debtor. The only way there would be a lien against your brother-in-law's home would be if he was also sued and named in the judgment. The fact that he received a copy just means that it was sent to your last known address. It does not create a lien on the house where the copy of the lien was received.
Answer
If there is an abstract of judgment, then is a judgment where somone was sued. If only you were named the only way a lien could be on the property is if your name is somehow on the title. Or as MR Starrett stated your brother was named. You need to contact the creditor and figure this out. Unfortunately you may need to get attorney.
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