Can I be sued or what can happen for delinquent timeshare maintenance fees?

I own a single week with a timeshare resort in coastal SC. For various reasons including unemployment, I have not paid the maintenance fee for several years. I am now receiving delinquent notices, threats of “Professional Collections” and Credit Bureau reporting. Can they sue and what can I expect will happen if I don’t pay?

Asked on March 29, 2011 under Bankruptcy Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) They absolutely *can* sue, if you owe them money and have not paid it. Whether they will or won't depends on how much you owe, how likely they feel they are to get it out of you one way or another (e.g. by garnishment), etc., but they have the right to do so. They can sue for all amounts you owe, and may be able to also collect attorneys fees, if your agreement(s) with them allow for that.

2) Your credit rating will be adversely affected, affecting your ability to borrow and what you pay to borrow (e.g. the rates).

3) Depending on the agreements in place governing yoru timeshare, you could lose the share entirely. Or if you don't, they could put a lien on your interest, making it hard to resell.


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