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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54825
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I'm trying to collect a $5585 debt from my HOA for property

Customer Question

I'm trying to collect a $5585 debt from my HOA for property damages sustained as a result of flooding caused by a plumbing stoppage. I need some advice on how to proceed.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Las Vegas, Nevada
JA: Has any paperwork been filed?
Customer: I have sent the HOA a bill, which has been ignored.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I have a lengthy story, but I've told you the jest of it.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Richard replied 3 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 3 months ago.

Since they are ignoring you, file suit against them. Because your claim is under $10,000, you can file this in small claims court without a lawyer. Here's a link to guide you through that process: http://www.lasvegasjusticecourt.us/divisions/small_claims/

Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if the HOA doesn’t then pay the judgment, you can have the sheriff serve a summons on the directors for a debtor examination. That forces the directors to meet you in court again and answer questions under oath about HOA assets. After that information is obtained, you have the power to attach HOA bank accounts and/or place liens on any property the HOA owns to satisfy the judgment. In my experience, simply filing the suit is typically all you need to do to resolve this outside of court because most of the time, once served with a summons one is being sued, the directors will pay your claim to avoid the cost of defending a suit the HOA is sure to lose.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars J). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Expert:  Richard replied 3 months ago.

Hi. Just following up to confirm you received my response. My screen indicates you have yet to review it. If I need to re-send it, just let me know. Thanks!