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Do I have a debt collections harassment case

Richmond, VA |

We received a summons from the police about a HOA debt that we were not aware of since the house was foreclosed on 2 years prior. The summons was to garnish wages. Being this was delivered by the police we thought it was legitimate so we just paid the amount of the garnishment. However while we payed the collector over the phone they stated we owe an additional 6300. We asked for them to send us a letter with all the details on the amount owed and never received anything. Now 2 months later we get court papers in the mail saying we owe 6300 for the same debt we already paid. We never received any phone calls just the letter in the mail. They are also calling my In laws and have never called us.

Attorney Answers 3


Except for the amount of the debt they seem to be within their rights. You certainly can ask for accounting. Incidentally why don't you file a BK?

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As to whether the debt collection practices are within the law, you can google and read the Fair Debt Collection Practices Act. If they are violating it, then report to cops, Federal Trade Commission and the Department of Consumer Affairs of your state. Also, get an attorney involved to send a cease and desist letter and have all contact be made through him/her. This attorney can look into the legitimacy of the underlying debt as well.

Now, with respect to HOAs, this is what you should be aware of: the HOA dues run personally to you because the contract (the CC&Rs is between the HOA and you personally). Therefore, you continue to be legally liable for them even after you walk away from the house and move out, even after foreclosure, until the lender sells it to a third party. That is when title is no longer in your name. Also, per the CC&Rs, you are liable for any attorney's fees. That is probably the reason the debt is so much larger than you thought.

Get a consultation with a debtor bankruptcy attorney.

We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

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You may want to check the court filed to see what the order reads.

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