Who Can Collect a Judgment in California?

This is the EXACT reason I tell HOA's NOT to sue a member. Just because you win the case doesn't mean you get the money. Plus in the 7 - 15 years some courts allow before it has to be re-filed to collect is far out of mind for most HOA's to pursue.

I applaud you in your diligence...It's great you saw this issue and can take steps to help. As you know the options are you can garnish this person wages or take a piece of property they own worth the amount they owe. Finding out what assets they have is important. That information may be obtained by the court or other methods.

Each courthouse is different on how they handle collections. They charge different fees for sending out the police. My county if the judgement was won in that court and the person lived in that county then collections were a small fee. However, if they lived out of the county, then you had to go to that other county and pay their fees to collect. Which can go several hundred dollars.

You also have to keep this in mind. THE PERSON MUST HAVE A MAILBOX. The police can't serve on a Post Office box. You have to make sure you have the right address/description of address. It's even better if you have their social security number. That alone will save you more effort and allow more legal options to pursue. (You can go to their bank with a SS number etc...)

As for you pursuing this, I would ask the board. They are the one's who are responsible. Let them know you are willing to take this on 100 Percent but just need their backing. This means the president may need to sign something and they have to allow you to have the money to pay the fees. Don't ask for a finders fee for yourself. It's best you pursue this as a volunteer. Make sure the BOD votes and approves spending the money on the court fees prior to paying the fees. That way your not out of pocket and they have a record they paid legal costs.

I've had to do this before. It's not easy. If you want something else helpful to do in the future along these lines...Read the legal section of the local newspaper. They put in there the liens/foreclosures of properties. It's a good thing to read to see if any homes in your HOA is on that list that are behind in dues. That way you can get started on the lien process prior to the foreclosure by the bank...

YOur a member of the HOA correct? Then why not? Just need board approval and acknowledgement. If your a renter or a concerned citizen NOT associated with the HOA, then that would be an area you couldn't pursue. Otherwise, as a member I don't see a reason you can't pursue an area you see needs addressed. It's kind of like belonging to the boyscouts. You have your eagle scouts and leaders but a scout can still do those things they do...

How can you get a judgment without filing a lawsuit against the homeowner?

Right. Melissa says she advises against suing homeowners, but the Association has no other option, if all others fail. Also, in California, small claims court judgement limit is now $7,500, with no attorneys involved. For small amounts like these, small claims court is a viable option.

Rob

No, individual members of the Association have no authority to pursue collections, and it's a bad idea, anyway. It smacks of vigilantism, and nothing good can come of it.

Your Association should have a contract with a collection agency, as mine does, where the agency hounds the scofflaws until they give in. They can make life miserable for deadbeats, and that's their field of expertise. If you have information that your BOD does not have that will expedite this process, then turn it over to them, and back away. You'll thank me for this later.

Rob

Rob,
Thanks for your response and opinion. You may be right, and I may well end up turning over the information I have to the attorney and hope they finally produce some results.

We've had an attorney on this case for over a year and haven't collected a dime. I've done 2 of these same kind of collections myself on personal judgments so know the process. I'm retired so have the time to pursue it, and I believe I have the maturity to do it responsibly thus avoiding the appearance of vigiliantism.

Do you know for a fact that an HOA member cannot legally pursue a collection, even if granted the right by the Board?

I hear-by nominate Fred to become our collection officer. Who would like to second it?

Cathy,

posting the same question in different threads typically doesn't provide any different answers.

Thanks Larry, yes that is the exact question I'm trying to find an answer to. So far I I haven't found it. I have contacted the Board and they are supposedly asking our current attorney if a HOA member like myself can legally take this on, or if not, whether a Board member could do it.

I repeat:

The case has already gone to court. The HOA won the case and we have a judgment.

The attorney we used/are using to represent us in court and collect the judgment hasn't been able (so far) to collect any money.

I want to know if the case were to transferred back to the HOA from the attorney (in California this is done by filing with the court a 'Substitution of Attorney' form), whether or not a member of the HOA can represent. Or, if not, whether a Board member can do it.

I appreciate everyone's opinion stating an attorney should handle it, but that is not what I'm asking.

No problem Tim, thanks for your input in this.

Yes, I am aware of that site and it has provided some useful info. Unfortunately I couldn't find the answer to my question there.

I'm almost sure a Board member can legally take this on, but would like to know if a HOA member is also eligible. I know the collection process well, having successfully collected 100% on a couple of personal judgments and want to volunteer to take this on (I'm not on the Board but am a HOA member).

Fred:

I just did a cursory search on http://www.leginfo.ca.gov/calaw.html and could find nothing about who may represent an association in court. This site covers only California statutes.

In Arizona, that information is found not in the statutes but in the rules of the supreme court under the heading of unauthorized practice of law.

You might want to see if you can find a site with California rules of court.

Have the Board appoint you an officer in charge of collections. This way you could represent the HOA on this matter.

Tim

Directors and Officers are two different things.

A Director is elected to the Board by the membership and makes the business decisions of the Association.

Officers are appointed by the Board and implement the decisions of the Board in addition to performing the day to day tasks of running the Association. Generally, the required Officers (Pres. VP, Sec & Treasurer) are appointed from among the individuals who sit on the Board. However, unless your Governing Documents specify using Directors as Officers, anyone may be appointed to those positions.

As Davis-Stirling.com puts it:

Directors are elected by and represent the membership, while officers are appointed by the board to keep minutes, oversee financial matters, etc. Because officers are appointed by the board, they serve at the pleasure of the board. Corp. Code §7213(b).

Here is a link from Davis-Stirling.com about appointing officers

Tim

Yes. They can create as many Officer positions as they need or want (just like they can create as many committees as they like). They are typically required by Corporate law and/or governing documents to have the standard officer positions.

My Association created a Maintenance Officer to over see our snow-removal and landscaping contracts.

Tim