The matter has to go to court. A homeowner cannot do it directly.
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Yes, a homeowner association or other homeowners in a community can take a homeowner to civil court for overdue assessment fees in Florida. The homeowner association or other homeowners would need to file a lawsuit against the homeowner, seeking a judgment for the unpaid fees. If successful, the court may order the homeowner to pay the overdue fees, as well as any associated legal costs or penalties.
There are two legal remedies that apply in most states for the recovery of debt pertaining to credit card accounts. Lawsuits and arbitration actions, lawsuits follow normal court procedure in accordance with state laws, arbitration is handled by the National Arbitration Forum. Arbitration bypasses regular court procedures, if the plaintiff wins the NAF will notify the defendant/debtor of the decision. The plaintiff then must file for a writ of judgment in the court of jurisdiction. In either venue, the winning plaintiff is usually awarded a writ of judgment and can execute it against the defendant/debtor's property pursuant to state laws to recover monies owed.
The debtor must be sued in the court of jurisdication in their state. If the plaintiff/creditor prevails a judgment will be entered in their favor. The judgment can then be executed against property belonging to the debtor in accordance with the governing state laws. Collection agencies often use arbitration where it concerns medical bills. Arbitration allows the creditor to bypass normal court procedures by means of submitting valid evidence of the debt to the arbitration board. The debtor will be informed of the action and given 30 days to submit a written response. Even when an arbitration award is granted to the creditor said creditor must still file the action in the proper state court to receive a writ of judgment.
The plaintiff will win the dispute by default. A court order of voluntary payment will be issued. If the debtor does not pay the agreed amount, the order can be amended to a writ of judgment. The judgment can then be used to garnish wages, levy bank accounts or other legal remedies to collect monies owed.
Yes, the private mortgage insurer can sue the homeowner for the deficiency. They can get a judgment against the home owner for the difference.
In most states it is possible for a creditor or collector who wins a lawsuit judgment to execute the judgment against checking or savings accounts even when the accounts are jointly held. how about in the state of Texas
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They can levy them once they have a judgement.
No. A creditor who hires a law firm that is licensed to do arbitration (such as Mann-Bracken Attorneys At Law) can circumvent the normal lawsuit process and have the account ruled on by the arbitration board. However, even using the arbitration process the creditor will need to file in the appropriate court in the state where the debtor resides to have a judgment entered. The ways in which the judgment can be executed against the debtor's property depends upon the laws of the debtor's state.
Yes, any type of judgment will allow the creditor to levy on the debtor's bank accounts. Since it is a default judgment, it might be possible to apply to the court to have it set aside, if the circumstances are right.