I have a judgement against me from my home owners association on a rental property. Not my primary residence. They have accessed and taken money out of my personal bank account. I own a company that is set up as an S corp. My question is can the HOA access my business account, My business assets or my personal residence and assets in my home or my car?
Hello and thank you for the question. I am sorry to read of this dilemma. The hoa can access accounts and place lien on assets titled to the name of the judgment debtor. If titled to anyone else including an entity that judgment debtor has an interest in, the creditor may not reach it automatically. It would need to pursue further proceeding and court order to reach it and levy upon it.
my spouse is titled on the business and on my home but not the car. So the HOA has access to the car but not my home and business. Is that correct! and thank you!
That is correct. To reach those other assets it would have to commence other proceedings, secure separate court order, and many creditors do not even attempt it. Kindly rate the answer as GOOD or better so I may get credit for it.