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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Can a HOA take a disable home own we r to small claims court

Resolved Question:

Can a HOA take a disable home own we r to small claims court first not paying their dues?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 month ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Yes, they can. There is nothing in the law that prevents someone from suing someone else because they are disabled.

However, it doesn't make sense for them to bring the suit in Small Claims Court, because they'd only get a judgment for the money owed. The usual recourse when someone doesn't pay HOA dues is to foreclose the unit. A Small Claims Court judge can't enter a foreclosure judgment, which means they'll just get a judgment. Disability income cannot be garnished to pay a debt, and neither can Social Security or retirement income. An HOA usually isn't going to go to Small Claims Court unless they have reason to believe the homeowner has plenty of money to pay.

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Expert:  Lucy, Esq. replied 1 month ago.

What additional questions do you have about this?

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