Creditwrench teaches the secrets of the debt collection industry and how to defeat their abusive practices without lawyers. We know how to win!
Thursday, January 31, 2008
HOA and collection of Homeowner fees.
To answer your first question, "By what reason would a creditwench student sue me personally for trying to collect a debt that they legally owe?" the answer is that people who are in financial straits will often use any method they can find to rid themselves of the problem(s). If they are unhappy with the situation they find themselves in they will often react in the same way.

I have had several students who are faced with the same problems you are handing out to your homeowners. They all won their cases even though none of those students ever went to federal court over it. They managed to get the problems settled in state courts or by simple negotiation with the HOA.

So if they don't have the money one of the actions they can take is to sue in federal court because you went at the collections in the wrong way or the debt collectors or their attorneys did it.

As far as debt collectors go, I have just one question that should give you an idea whether or not you want to risk doing business with one. Here it is. Why do you think it is that so many states require license and bonding of debt collectors? Is it to protect the consumers or is it to protect those who trust them to collect their debts and return the creditor the amount of money due them in a timely fashion? The bitter truth is that states demand license, bonding and an accounting of moneys still held in their trust accounts and not yet paid to their customers. Debt collectors have been sentenced to long stretches in prison in various states for stealing money from their customers instead of paying off within a reasonable period of time after collection of money from consumers. Theft of money from creditors such as yourself is much more rampant than you would ever dream of.

That plus the fact that they use abusive and illegal methods to collect debts. Also, if the debt you claim to be owed is rather small they very well may never put much effort into trying to collect. They want to collect on the big money debts, not those of a few hundred dollars or even for only a grand or two. Filing a lien may take longer but it is the surest way to collect money.
---------FOLLOW UP---------------
In giving me a negative rating you seem to have missed the whole point of what I was trying to tell you. In your rating you said and I quote, "I wish the expert could take into consideration that homeowners who buy property in our community know that they have entered into a legal covenant by buying their property. Homeowners who maintain their property are also maintaining a quality of life for those who contribute to it. Understanding how that makes victims of the non-payers is beyond me."

Please understand that I do understand your points. I knew what your points were from the beginning. The point I made was that in collecting your fees and assesments you need to protect yourself from the possibility of getting sued by making sure that your notices to homeowners comply with the requirements of federal law and your obligations under it.

I also pointed out that debt collectors are likely to steal money from you and get you into trouble even though all your documentation and communication with homeowners is in full compliance with the law.

I also pointed out that attorneys can get you into hot water too. That leaves you with the lien against property option which you didn't seem to think too much of. Although you obviously haven't thought about it even though I pointed it out quite emphatically is that if you have a homeowner who isn't paying up as you think he should then it might well be because they don't have the funds to meet your demands. They might want to meet them but simply can't because they lack income or have other huge obligations. If you back them into a corner and you have not complied with the law they would have the right to haul you into court regardless of how righteous your cause might be.

If someone did that you would not be able to make the argument that they owe you money and you were only trying to maintain the quality of life in your community. The judge would quickly rule that such arguments are frivolous and have nothing to do with the case before the court.

Your only possible answer would be that you were unaware of your obligations under the law and you know how much good that would do you. Knowing the law pertaining to your operations is your duty under the law.

You expect others to live up to their responsibilities yet don't want to accept your responsibilities under the law? And you want to complain that I don't understand your position? OH PLEASE!!! Let's get real.
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