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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 19625
Experience:  B.A.; M.B.A.; J.D.
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I had a home foreclosed on back in 2008, 2009. Had Judgement

Customer Question

I had a home foreclosed on back in 2008, 2009. Had Judgement show up on credit report from homeowners association from foreclosed home. Called the HMC few weeks ago as I though delinquent dues lien was placed on property and if not figure out payments. Now HMC has lawyer freeze my bank account. Bank account has funds borrowed against my retirement. Approx $7,500. Any suggestions.
Submitted: 2 years ago.
Category: Consumer Protection Law
Customer: replied 2 years ago.
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Expert:  Phillips Esq. replied 2 years ago.

Regrettably, the HOA can go after you personally. However, you are entitled to claim certain exemptions. These are properties that the creditors are prevented by law from attaching in order to satisfy a debt.

Unfortunately, with regard to the borrowed fund from your retirement that was seized from your bank account, once the fund left your retirement account, the fund lost its exemption status. However, the creditor is NOT entitled to the whole funds in your bank account. For more information on exemptions and how you claim them, click on the links below:

http://www.washingtonlawhelp.org/resource/debtors-rights-dealing-with-collection-agenci?ref=7vRmt#e

http://www.nolo.com/legal-encyclopedia/washington-bankruptcy-exemptions.html

You may also consider filing for Chapter 7 bankruptcy protection if you are eligible to wipe out the debt. You can use the following sites to find local Bankruptcy Attorneys:

Nacba.org

Consumeradvocates.org

Lawyers.com

Justia.com

Findlaw.com