HOA Summons and Complaint

[jacko]

Last year, my former HOA got a judgement on me due to non payment of the monthly fees. I did not answer their debtor exam from a few months ago. I noticed activity on my judgement record from late last month that they have filed for Summons and Complaint and paid the fee to do so. My condo's redemption period expired last month and the bank owns it now. Its listed for less than half of what my mortgage was. My former neighbors must be pissed at me.

Now out of state for a fresh beginning. Still have a PO Box that a friend monitors. I have never responded to any of my creditors and have remained silence. It seems that the collection law firm is unaware that I flew the coop and obvious that the HOA has yet to share that information.

If they send the complaint via mail, will be forwarded to my PO Box. If it will be served in person, no one to answer the door. I have a feeling that I will be summoned to court and will not be able to and their could be a arrest warrant as a result.

Should I send a letter to the law firm stating that they are wasting their time from collecting due to not being able to draw blood from a tulip? I am collection proof, have no full time earnings, that I owe the state/federal gov't thousands in back taxes, that crap 1 has a judgement as well and that my student loans could go to default next year. The state has already seized my checking account and assured that my vehicle is safe via exemption.

[ryan]

Last year, my former HOA got a judgement on me due to non payment of the monthly fees. I did not answer their debtor exam from a few months ago. I noticed activity on my judgement record from late last month that they have filed for Summons and Complaint and paid the fee to do so.

Can I assume "THEY" means the same HOA? ...if so, you believe the HOA has now filed a complaint to get you into court for not providing the Debtors exam info?

Maybe someone else will know for sure, but I'm wondering if you are technically still under the jurisdiction of this court? (since you reside out of state.)

[jacko]

The HOA via the management company deals with the lawyers. For legal reasons on privacy issues, the HOA board keeps a arms length on condo unit owners legal wise. By condo board policy which was revised after I signed up, any HOA balance that is 45 days past is automatically sent to collections which another 10% is added to the balance. I threw in the towel after that. Who wants to live like that on top of the monthly late fees. Renting became more enticing. So there is a distance between HOA and collection law firm. The HOA knows I moved out two months prior of redemption expiration and most likely did not communicate with the law firm. I wonder who is going to pay for the legal costs, which I'm not. Its over $1000 which includes court fees. I don't think the board is kept updated on collection activity until somebody has to end up paying the legal fees.

Can I assume "THEY" means the same HOA? ...if so, you believe the HOA has now filed a complaint to get you into court for not providing the Debtors exam info?

Maybe someone else will know for sure, but I'm wondering if you are technically still under the jurisdiction of this court? (since you reside out of state.)

[treehugger1]

Some states have a clause that states you can be served via your last known address. In many instances, you yourself do not need to be present for service to occur. In my state, any household resident over 14 can be served the papers.

The following is my best guess. As to the jurisdiction issue, that is a defense you would need to raise. However, you would not be able to raise that issue unless you receive the summons and intend to answer. If they have your current address, then they can probably domesticate the judgment in your current county/state.

In terms of a missed debtor's exam, a warrant could be issued and this can show up across many states. If you are pulled over out-of-state and the outstanding warrant shows up, then I think it is unlikely you would be arrested. I have to doubt that the original state wants to pay the costs of your arrest and transport back to the county where you were found in contempt. Then again stranger things do happen.

I would at least send the court some type of response related to the debtor exam. Better safe than sorry.

[jacko]

I will fill out the debtor exam. Will include my frozen checking account info..-) I'm pretty much collection proof.

Some states have a clause that states you can be served via your last known address. In many instances, you yourself do not need to be present for service to occur. In my state, any household resident over 14 can be served the papers.

The following is my best guess. As to the jurisdiction issue, that is a defense you would need to raise. However, you would not be able to raise that issue unless you receive the summons and intend to answer. If they have your current address, then they can probably domesticate the judgment in your current county/state.

In terms of a missed debtor's exam, a warrant could be issued and this can show up across many states. If you are pulled over out-of-state and the outstanding warrant shows up, then I think it is unlikely you would be arrested. I have to doubt that the original state wants to pay the costs of your arrest and transport back to the county where you were found in contempt. Then again stranger things do happen.

I would at least send the court some type of response related to the debtor exam. Better safe than sorry.

[treehugger1]

Hmmm...A debtor exam is intended to ask the debtor to reveal any assets he/she may have. Why would you include a frozen checking account? Does such an account truly belong to you? On the other hand, if it is truly "frozen," then give them the account number and they can waste their own time and money.

I don't know how your state laws work. In my state, my response to a debtor exam was to file a declaration of assets and exemptions. All the shit they seem to want in a written debtor interogatory is meaningless; past 3 years taxes, past checking account statements of last 5 years, etc. I can't speak for your state laws, but can you simply send them a statement/declaration of assets and exemptions? I think this would be in the spirit of the law. Then again, what the hell do I know.