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im on my hoa board in california. one of our owners owes

 

Customer Question

i'm on my hoa board in california.
one of our owners owes more than $5,000 in dues and damages.
we got a small claims judgement against him but then he filed for ch 13 bankruptcy which was changed to ch 7.
this morning i looked up the case and found it was recently dismissed because he didn't show up for a trustee meeting
how can we move quickly to try and get some of our money back?
this person is a federal govt employee w. steady income

 

Optional Information:
State/Country relating to question: California

Submitted: 321 days and 22 hours ago.
Category: Real Estate Law
Value: $49
Status: CLOSED
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Expert:  Dimitry Esquire replied321 days and 22 hours ago.


Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.


To answer your question directly, if BK against him was dismissed, consider going to small claims court immediately against him for the costs owed. Small claims is likely the fastest and quickest way to go, although you can instead opt for an attorney to file in district court as that would entitle you to have the attorney seek attorney fees (something small claims will not grant). Then, if you prevail , you will be able to domesticate the judgment and attach it as a lien against the property, so that if he refuses to pay, you can threaten foreclosure and possibly even pursue it should he prove to be obstinate.


Kindly remember to only rate my answer when you are fully satisfied. If you feel the need to rate my service as either "Bad" or "Poor”, please stop and reply to me via the CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I was able to explain your concern to your satisfaction.


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Dimitry Esquire41092.8311584838

Customer replied321 days and 22 hours ago.

we already have a judgement in small claims against him as I mentioned initially

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Expert:  Dimitry Esquire replied321 days and 22 hours ago.

Thank you for your follow-up, Liz.

Then the next step is to go back to court and seek a 'domestication' motion. This is a quick request to domesticate the judgment locally, as that would then grant you the right to seek a wage garnishment against him, a bank levy, or a judgment lien against his assets. My apologies, I missed the fact that you obtained a judgment against him, although if his debt is growing, you can go back to court and gain an additional judgment against him. With a domestication you can then increase the debt owed by including your collection costs and petition fees by adding it to the full judgment amount owed.

Good luck.Dimitry Esquire41092.8363850347

Customer replied321 days and 22 hours ago.

great! do we do that in small claims or some other court?

Accepted Answer

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Expert:  Dimitry Esquire replied321 days and 22 hours ago.

Happy to help!

You would go back to the same courthouse where you obtained your initial judgment, as they would be the court that would rule on the domestication.

Good luck.Dimitry Esquire41092.8391076389

Expert TypeAttorney
Category: Real Estate Law
Pos. Feedback: 97.2 %
Accepts: 5117
Answered: 7/2/2012

Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

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