SOUTH EUCLID, Ohio — A News 5 consumer warning about surprise financial billing that can show up in your name or on your property.
Judgment liens are ordered through the courts, but a man from South Euclid says they had the wrong guy. Could it happen to you? The answer is yes.
Dave Paul, 73, felt raked over the coals for years.
“I was shocked and ticked off,” said Paul. “Who would do this?”
He told us he bought his home in 2012 with no problems. In 2015, he wanted to renovate it, but the bank then flagged a big issue.
“She said they can’t help me with the loan until that’s rectified,” said Paul.
There was a lien filed in 2014 for nearly $9,000 that Paul said he was never notified about, which came out of nowhere. Those filing the lien said a business called David Paul’s Auto Service placed an ad in a phone book and never paid the bill. “I don’t know these people. It’s David Paul, but it’s not me,” said Paul.
This Dave Paul said he logged more than 100 hours of his own time digging for answers and hired two attorneys, including one who spent a year on the case. “He said it’s beyond what he can do,” explained Paul.
He didn’t know if the lien was attached to his name, to his property, or to both. What he did know is it was one big headache. “Realistically, it should’ve never happened, but I guess this is common for this type of thing to happen, and people not know about it,” Paul told us.
Attorney George Pilat from Gertsburg Licata law firm has handled judgment liens and certificates of judgment in the past. They didn’t file the lien against Paul. Pilat said, in general, it’s necessary to collect the money owed, and the original David Paul would have been notified of the lien.
“The other David Paul is not going to know that there’s something against a person with a similar name until they go to get a mortgage, a loan, a refinance, something like that,” said Pilat.
He says lenders and title companies usually do a good job of sorting out who the right person is, but confusion with common names can happen.
“If someone goes looking for a lien against Jonathan Walsh, they’re gong to pick up anyone with the name Jonathan Walsh,” he explained.
Meanwhile, Paul had a recent health scare that made him nervous about taking care of the surprise lien, not wanting to leave it up to his kids to figure out.
“And that’s when I called (News 5). I said, ‘I need help,’” Paul remembered.
We jumped into action, made calls, and got the ball rolling on a resolution with the original law firm that filed the lien. Now, it’s no longer an issue and no more raking over this Dave Paul.
“They could put a lien on every David Paul in the city and none of us would know about it,” he told us.
That lien had the potential of costing Paul more than $40,000 after interest had accrued over the years.
This story came to us as a tip. If you have something you want the News 5 Investigators to look into, call our tip line at 216-431-help (4357) or email InvestigatorTips@WEWS.com.