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  1. #1
    Join Date
    Jun 2007
    Location
    southern california
    Posts
    8

    Default Collection Agency for Unpaid HOA Fees

    My question involves a condominium located in the State of: California
    I had a condo that was foreclosed in Feb 2008. From Sept'07-Feb 08, I didn't pay HOA. Now the Condo Association had a law office whom they assigned as collection agency to collect unpaid HOA + fees. I know my credit report is very bad due to this foreclosure & an additional derogatory report about unpaid HOA will just be the same bad credit report. But should I still pay the collection agency? I have no capacity to pay at this point even when I'm employed with minimum wage. Could they garnish my income? What else can they do if I couldn't pay? Thank You.

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Collection Agency for Unpaid HOA

    If you refuse or cannot pay, and cannot make reasonable payment arrangements, they most likely will sue you for what's owed. Add to this court costs, attorney fees, interest on the award, etc.

    If they prevail, then yes then can garnish your wages, levy your bank account(s), place leins on your personal property, etc. Here are the basics for them being able to garnish your wages:

    If your court judgment is owed to you by a debtor who works outside of the home, you may be able to intercept up to 25% of his wages to satisfy your judgment. This process, permitted in nearly every state, is called a wage garnishment. You can garnish if:

    • the debtor receives a regular wage--he is not self employed
    • the debtor's pay is above the poverty line
    • other wage garnishments aren't already in effect, unless your wage garnishment is for child or spousal support, and
    • the debtor does not quit the job, contest the garnishment, or file for bankruptcy.
    You might want to consult with an attorney in your area and see if there are another options available to you.

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