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RobertJDFL, Lawyer
Category: Real Estate Law
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Experience:  Experienced in multiple areas of the law.
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This question is for RobertJDFL please.

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This question is for RobertJDFL please. 1-10-2013 Good afternoon Robert, Hope you and family are doing well and enjoyed the Holidays! Well you probably remember me, I had worked with you recently on a defective driveway I paid $8500.00 and K&K Construction would not help or honor their guarantee, well the ending was I took them to Better Business Bureau Arbitration asking for $2600.00 settlement and I was awarded only $390.00. Little disappointing but I am happy at least I got something out of him. I was one of 11 complaints filed on him via BBB, 8 in 2012 alone, so it looks like he ripped off more than just me. These complaints won’t help his business I’m sure. Well now I now have a new situation with our oldest son 39, which his wife had done adultery twice on him so we helped him get his own apartment with his 13 year old daughter along with furniture and a new used car. It is a nice 2002 Ford Taurus. My wife and I bought it for him. We paid about 6K for it which included new tires and some repairs. In the mean time he walked away from his Condo he and his wife owned which we also helped with the down payment, but now it’s in foreclosure. Mike and his wife pulled all the equity out possibly several times, turning this Condo way upside down. He somehow got past due in HOA fees to the tune of about 12K. So now the Condo HOA is legally going to take him to court for the past due 12K. Mike our son has $20.00 in savings, fast cash loans for $400.00 and I believe about 20K in unpaid student loans, his income is 20K per year in his IT job. Below are my questions but if it will work better for you, you can just answer question #1 then I will accept and proceed to question #2 and so on as I don’t mind doing that if that’s better for you? 1. Can the HOA or court system take his one and only asset, the 2002 Ford Taurus worth 6K? 2. If answer is yes, how can we protect the car, maybe Mike signs the title over to me? 3. But would I have to insure the car under my name and he can still keep the car? 4. Can the HOA put him in jail if he can’t pay back the 12K which he can’t? I will likely have a few more questions if that’s OK? Respectfully XXXXX XXXXX Cell XXX-XXX-XXXX Work [email protected]

Good to hear from you again. I'm sorry I didn't get back with you earlier, but I've been traveling all day, and actually am writing this on my phone. I did have a good holiday, and I hope you and yours did as well. I am sorry to hear that you didn't get everything you asked for from the Better Business Bureau, but at least this contractor will hopefully pay you something. And, I agree with you, with those types of practices, he's likely not to be in business much longer.

In answer to your questions, while the H OA could theoretically take the car if they got a judgment against him for the past due amount, I don't see that as likely. This is because there are serious costs involved in levying a vehicle to satisfy a judgment, and in this case the vehicle is worth maybe $6000. That covers roughly half of the past due balance. This is of course before their expenses to take the vehicle. It would be more likely that if the HOA were to get a judgment against him, they try to do something such as garnish a percentage of his wages.

This is a civil matter, not a criminal one, so they cannot put your son in jail for this. The worst that can happen is that a court finds that he does in fact owe the money, and then there is a civil judgment against him.

I am out of town until the end of the week, and will have limited to no access to my computer during that time. If you have any follow-up questions, I am happy to answer them, and you can reply back to this thread. Just keep in mind, that I may not reply until this weekend.

I hope that this helps.
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