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Is it legal for a home owner's association in Florida to file a default judgment against a person who was never approved by the association?
Wiki User
∙ 8y ago
Homeowner associations are not in the business of 'approving' persons -- for any reason.
If a default judgement has been filed against you, best practices dictate that you work with a common-interest community-savvy attorney to resolve the matter.
Wiki User
∙ 8y ago
Wiki User
∙ 14y agoGenerally, when you purchase a property that is subject to membership in a Homeowner's Association, you are subject to all the terms and provisions in the Declaration and Rules & Regulations and a judgment can be pursued for unpaid assessments.
If membership is voluntary and you didn't join then the association has no power to assess you.
A default judgment is issued by a judge in a civil court. It is a civil procedure matter. You were sued by some entity and a default judgment means you didn't appear in court to defend your position and the court accepted whatever proof the HOA submitted. If the HOA records the judgment in the land records you can't sell or mortgage your property until the lien is paid. Interest will accrue on the debt quickly at a statutory rate. In Massachusetts that rate is 12%.
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Is your Florida home with homestead protected against a judgment?
Is your florida home with homestead protected against a judgement
What happens if there is a default final judgment against you in Florida?
Jail
If you need to sell your joint-owned house in Florida but you have a judgment against you not a lien will you have to pay the judgment first?
If the judgment was not perfected as a lien against the property (which is almost impossible in Florida), the property is not encumbered and the title should be clear, thereby not causing a problem with the sale. The judgment holder will probably be able to execute the judgment as a bank account levy and/or seize funds garnered from the sale of the homestead.
If condo association forecloses on an owner does the lender pursue deficiency judgment against the owner or condo association?
Your attorney can help you answer this question, since it requires a legal answer.
Can they garnish the wife's wages for a repossession in Florida if the husband is out of work?
YES, if they get a judgment against you, garnishment is next.
Can wages be garnished for non payment of credit card bills in Florida?
If your creditor has obtained a judgment against you, yes.
What can a creditor do with a final judgment in Florida?
The judgment can be executed as a bank account levy or wage garnisment or liens against real property solely owned by the judgment debtor or to seize and liquidate any unexempt property that is owned by the judgment debtor.
How do you file a lien against a property owners association?
If the association owes you money, you can take your evidence to an attorney who can help you take the appropriate action against the association.Generally, you would file suit against the association and if you prevail you would request a judgment lien to reach any assets that belong to the association. That would most likely be a bank account. The judgment lien would enable you to attach the association's account and freeze those funds.In my jurisdiction the seizure would be accomplished through the local sheriff's department. Your attorney will explain your options once she/he has reviewed your situation.
Is a judgment against the person or property?
A judgment can be against either the person or their property. A personal judgment is against the individual's assets or income, while a lien on property is against the person's property.
Is it legal for your wages to be garnished in Florida?
Yes. If someone has gotten a judgment against you & you have failed to pay them, they can file for a wage garnishment also.
Can wages be garnished to obtain unpaid rent in Duval County Florida?
Yes, but only if the landlord has a valid civil judgment against you.
If you have a judgment against you and you die do the judgment disappear?
No, it is levied against your estate.
