A law firm has stated with are looking to put a lien on my home because of a past unpaid debt. What are the best steps for me to take?
Answer
Any time that you are facing collection activity, you should consult with a bankruptcy attorney, who will have more experience with collection matters than any other type of legal specialty will have. The most knowledgeable bankruptcy attorneys are usually those who have past experience as a chapter 7 panel trustee, in which capacity they would have been appointed by and arm of the government to oversee thousands of cases annually. Most such attorneys go on to private practice, representing debtors such as yourself, following their trustee service. Unless you have more than $150,000.00 in equity in your primary residence (or half that amount for an unmarried person), WI law will usually allow you to claim a homestead exemption against such a lien once your bankruptcy discharge has been granted. The attorney may also be able to take steps in court to prevent the lien from being entered in the first place, which can save you some trouble and expense after your bankruptcy (because the lien removal process costs additional money as it requires the attorney to appear in a totally different lawsuit, outside of bankruptcy court). However, your likelihood of successfully preventing the lien on your own is slim, unless you have experience working in a law office. You are truly in need of professional guidance. Please be aware that my responses to you in the public web forum do not make me your attorney and that I am not representing you or taking any action on your case. Instead, these answers are intended for public educational use only and may also contain lawyer advertising materials. Regardless of this, however, you are still welcome to contact me during business hours at my in Racine if you still have questions, or see me on the web at www.jayknixonlaw.com. For a list of my other answers on Law Guru, please see my profile link here at .
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