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JazzM (New Jersey)
Posts: 17
Posted:
I just came across olddebts.com as one of the means of collecting on delinquent HOA debts, by sending collection letters.

1. How effective have these letters been in your experience?
2. Has the option of reporting the debt to the credit agencies been effective for your HOA?

MelissaP1 (Alabama)
Posts: 13,836
Posted:
It is a rip off. Any of those type businesses are. Even heard of one offering it as "Insurance". Rule of thumb: If it sounds too good to be true it usually is...

Your best bet is to have a set policy in place and file liens. Our policy was 6 months behind with no payment arrangements, we liened. After a year or more we would consider foreclosure but only in very very selective situations. This usually got people to pay up or weed out the bad ones.

Filing liens, foreclosures, or lawsuits do NOT ever guarantee money back owed to the HOA. The bank always gets paid first. Lawsuits judgements have little enforcement and not good options. The best a HOA can do is to file a lien and hope things work out and people pay up. There is no 100% collection method available.

Former HOA President
JazzM (New Jersey)
Posts: 17
Posted:
Thanks for the reply Melissa. We have a collection policy in place and we do go ahead and file liens 90 to 120 days after no payments have been made. We've tried lawsuits, depositions, arrest warrants...etc...all with very little success.

I am hoping to use this as something in the 60 to 90 day range before we get to the point of filing a lien. If unit owners see a collection letter with a note that this is now being reported to the credit bureau's they may hopefully decide to pay it off.

But I wanted some real life experiences of HOAs that have used this service to see if it really works or not...
Thanks again...
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Here's the deal. The HOA should NOT have access nor do they need access to one's social security number. In order to report non-payment or pursue collecting debts by garnishing wages, one would need the person's social security number. That is why the HOA can file liens against the property by using the address of the property.

There are no collection agencies that will take on this kind of debt. If they do, it takes the right of the HOA to collect any further debt. So it's just best to understand that there is no legal ways of 100% collection. The best you can hope for is to stop the bleeding and get new owners in that will pay on time from now on.

Former HOA President
JazzM (New Jersey)
Posts: 17
Posted:
Ahhh! I see ....so that is the catch...inorder for olddebts.com to report to the Credit bureau's they will need the ssn's...ofcourse... which we may not have...so likely a futile exercise...
JohnO6 (Georgia)
Posts: 424
Posted:
Melissa - I need to correct some of the misinformation you're put forth in this thread.

First, you intimate that a SSN is required to "report non-payment". Not true. Appropriate, accurate and legal reporting to credit reporting agencies can be done without the need for a SSN.

Secondly, you said, "Lawsuits judgments have little enforcement and not good options." This is merely your opinion and not always true. In fact, often an HOA's Declaration will specify that the payment of HOA dues becomes a personal indebtedness of the owner. In this case all legal means of collecting a personal debt apply including suits, judgments, garnishment, and other legal forms of collection.

While it IS TRUE that there is never a guarantee of collection, I can tell you that our HOA obtained a judgement against an out-of-state owner. When there were no attachable assets within the state, we successfully were able to domesticate our state's judgement to the state of residence of the owner. At that point, he was served and the judgment became enforceable within his home state. We then were able to attach bank assets, perform interrogatories if necessary, and seek payment through all legal means.
MatthewW4 (Arizona)
Posts: 500
Posted:
Quote:
Posted By JazzM on 04/02/2013 3:01 PM

We've tried lawsuits, depositions, arrest warrants...etc...all with very little success.

Arrest Warrants? Since when did failing to pay an HOA assessment become a criminal matter?

If you are on the board of your HOA, do us all a favor and resign. Anyone who would even consider using the criminal justice system as a means of enforcing a debt has no business in a responsible position.

JazzM (New Jersey)
Posts: 17
Posted:
Quote:
Posted By MatthewW4 on 04/23/2013 2:48 PM

Arrest Warrants? Since when did failing to pay an HOA assessment become a criminal matter?

If you are on the board of your HOA, do us all a favor and resign. Anyone who would even consider using the criminal justice system as a means of enforcing a debt has no business in a responsible position.


Thank you for the sage advice. I've read some of your other posts on this forum and can see how (un)civil you are to most posters. So this post is no surprise either. Would love to have you in my community so I can get you arrested. LOL!

As for the arrest warrants, we have unit owners owing 5 figure amounts that have been served with court notices to appear at depositions. Their failure to do so have triggered the arrest warrants.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
have been served with court notices to appear at depositions. Their failure to do so have triggered the arrest warrants.


Yep. They are not being arrested for not paying, they are being arrested for failure to appear in court, or failure to pay a court ordered judgement, etc.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
OK people put your thinking caps on. What action could an HOA proceed with concerning back dues where if the owner did not showup, they could be arrested for failure to appear?

Just another "method" to make people pay.

All is fair when you owe me money.....LOL
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Let's say the HOA went to court, got a judgment for back dues, and then the court scheduled a debtor examination. If you fail to appear for a judgment debtor examination, you could be cited for contempt of court or an arrest warrant could be issued for you.

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