How to Remove Fraudulent Charge Card Liens in Georgia

A lien is an ownership interest filed against a property for nonpayment of debt. If a lien filed against a piece of property, you cannot sell or transfer the property, unless you satisfy the lien. Liens come in many forms and sources, but are not valid unless approved by a local judge. If a credit card company obtains a judgment against you, it is nearly impossible to sell or refinance your property, unless you pay the lien. However, if the debt is fraudulent, you have right to have the lien removed.

Instructions

1

Send the lien holder a letter via certified mail, stating that the debt is fraudulent. Be sure to include in this letter the reason why the debt is fraudulent, that you were unaware of the lien on the property, and request documentation for validation of both the debt in the existing lien.

2

Wait approximately 30 days for the lien holder to respond. If the lien holder responds by sending only a bill for the debt in the mail, claiming that is validation of the debt, send the lien holder a new letter restating that the debt is fraudulent. In this letter, mention that the lien holder is not abiding by the Fair Debt Collection Practices Act (FDCPA), and you intend to file a complaint with the Federal Trade Commission (FTC) if they investigate the validity of this debt. Once the agency completes investigation of the debt, he will send a letter with the results of the investigation, usually requiring a signed and notarized affidavit from you stating that the debt is indeed fraudulent and requiring you to submit subsequent proof. On the other hand, if the lien holder responds with letters stating they have investigated the debt and found it fraudulent, there is little more you need to do.

3

Sign off on paperwork or affidavits confirming the debt is fraudulent. Upon receipt of documentation, the lien holder begins the process of dismissing the debt with the courts. In the meantime, visit the Federal Trade Commission website, and file a complaint for identity theft, citing the fraudulent credit card debt and subsequent lien. This will substantiate your claims that the debts fraudulent both with a lien holder and with any other collection agency attempting to collect the debt in the future.

4

Request a copy of the release of lien from the lien holder. Once filed with the county court clerk's office, your lien is removed. If the lien holder fails to file the paperwork within the next 30 days, it is your responsibility to work with the lien holder to ensure the paper reaches the right set of hands. This is the only way to ensure dismissal of a fraudulent lien, without filing a complaint with the FTC.