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Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27689
Experience:  25 years experience
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The law firm of an HOA that has a $1,000 judgment against me

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The law firm of an HOA that has a $1,000 judgment against me is requesting extensive financial information by tomorrow in order to avoid a court hearing scheduled next Wednesday that they just informed me about yesterday. I am out of state and unable to appear. Must I fill out the information?
-Could you explain your situation a little more?
Have you actually been served with a notice of the hearing?
Is the hearing for the purpose of a "judgment debtors examination"?
Customer: replied 3 years ago.

I haven't been served with a notice and only heard about the hearing in a phone call from the HOAs law firm today (they left a message yesterday). I spoke with them last month to offer a settlement, but the law firm stated that the HOA board won't have another meeting until June and that I'd have to wait until then for an answer.

Dear JACUSTOMER - If you have never been served with a notice of the hearing then you do not have to appear because of a phone call. I am going to assume this is a hearing for a judgment debtors exam since that is the only type of hearing where the party can require this type of information. You can be forced to submit the information under oath or you can voluntarily supply the plaintiff with the information on an informal basis but unless you have been served you cannot get into trouble for missing the hearing. so if you are out of town and cannot make the hearing you can call the attorney and tell them to reschedule. If they refuse then you simply will not be there and if you haven't been served the court will continue the hearing pending service. In the meantime you can try to submit the information requested on an informal basis.
Customer: replied 3 years ago.

When submitting the information informally, is it necessary to include copies of tax returns, pay stubs, my drivers license, a cancelled check from a checking account, etc?

If that's what they are asking for then, yes, it would be necessary otherwise they will simply order you into court and the court will order the records produced.

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