Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
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.
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
What additional questions do you have about this?