Judgment against ex spouse

Started by BridgetJ1 • 8 replies • 2223 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

BridgetJ1 (Arizona)
Posts: 2

Posted:

I have a question. I had quick claim myself of the home my ex currently owns in 2002. Apparently, he received a fine for his lawn and didn't pay it. I just found out a judgment was filed against myself and my ex. Again I have been off title since 2002 and he had refinance his home into his own name in 2003. The judgment was filed in 2009. Doesn't the HOA have to verify who is currently on title before they file a judgment? The judgment has since been satisfied but I'm upset because it still showing on my credit. Any advice???

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This is a bit sticky situation. You may need to contact the credit bureau on this one about removing. The home sounds like it was marital property in 2002. Which means BOTH are responsible for whatever happened during that time and divorce. Now in 2003 during the refinance you husband should have put the property in his name if you were divorced. He also should have updated the tax documents. Which is what most HOA's base who owns the home is the tax records.

Now I am not sure how they got a judgment on a fine. That is the interesting part. A HOA typically can not do that so has to be more that part of the story. Which to me is where you need to find out. You may have to go back to the court and modify those terms of the judgment. Removing your name from that.

It's kind of a combination of going to the credit like Transunion and get a copy of your credit report. It is free once a year if you believe victim of fraud. Ask them for some advice if possible. Also find out the details of the judgment and see about modifying it. Technically it should never been in your name IF you were no longer married at the time.

Oh and HOA's typically can't lien for fines ONLY unpaid dues/special assessments. They must have had a fining schedule in place to pursue the lawsuit. Otherwise, fines are not really enforceable as many think...

Former HOA President

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By BridgetJ1 on 04/24/2015 6:37 PM

Doesn't the HOA have to verify who is currently on title before they file a judgment?

I know of no legal requirement that they verify who is on the title but if they filed a lawsuit against you they were required to serve you personally before they could proceed. Without serving you with process (summons and complaint) the court had no jurisdiction over you and no authority to issue a judgment against you.

In Arizona, the issue of jurisdiction may be raised at any time. You might want to consider seeking an order to vacate the judgment against you.

PitA
Posts: 311

Posted:

file a judgment or file/record a lien ?

LarryB13 (Arizona)
Posts: 4,099

Posted:

If this action was filed in the Small Claims Division of a Justice Court, service may have been by certified mail.

The problem with certified mail is that restricted delivery is not required by the statute (ARS 22-513), so that even though it may have been addressed to you and sent to your old address anyone could sign for receipt of that certified mail and the court would likely accept that as proper service.

Having once been a licensed process server, I do not like service by certified mail just for the reason stated above: Anyone can sign for it without the plaintiff's knowledge. The mail carrier is not an officer of the court and likely has no idea of the contents of what he is delivering. Without a restricted delivery (that is, requiring only the addressee to sign), anyone's signature is enough to satisfy the requirement for service set forth in 22-513.

I know of one situation where the plaintiff knew where to find the defendants but sent the certified mail to an old residence he found in an internet search. Whoever lived there signed for the mail even though they were not the addressees. The plaintiff then proceeded to obtain a judgment and the defendants' first notice of the lawsuit was when someone tried to collect on the judgment.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By LarryB13 on 04/25/2015 11:36 AM

Anyone can sign for it without the plaintiff's knowledge.

That should read, "Anyone can sign for it without the defendant's knowledge."

PitA
Posts: 311

Posted:

Therefor:

Certified mail, Return receipt requested, Deliver to addressee only !

or

if sufficiently important

REGISTERED MAIL

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By PitA on 04/25/2015 12:52 PM
Therefor:

Certified mail, Return receipt requested, Deliver to addressee only !

or

if sufficiently important

REGISTERED MAIL

Registered Mail is kind of an anachronism. Its purpose is supposed to be for mailing of things that cannot be replaced, such as cash. I once tried to send airline tickets by Registered Mail and the clerk refused to allow it on the theory that the tickets could be reissued by the airline. My counter argument, that by that time the flight would already have happened, was not sufficient to sway her. (I sent them by Priority Mail with a tracking number and the tickets arrived in time without incident.)

In my entire life I have received exactly one item by Registered Mail. Ironically, it was copies of HOA documents that were easily replaceable. I had to pick up the envelope at the post office and I told the clerk I had never before seen Registered Mail. He said it was a first for him, too!

PitA
Posts: 311

Posted:

I had to pick up the envelope at the post office and I told the clerk I had never before seen Registered Mail.

precisely my point

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here