Can an HOA demand payment, on a past due amount, of a currently foreclosed property?

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Can an HOA demand payment, on a past due amount, of a currently foreclosed property?

My home foreclosed, but I owed the HOA fees for one year prior to the foreclosure. The HOA has sent a request for garnishment of wages. Can I contest garnishment on wages by filing a motion of defense or objection? What can I say in the motion? Do I file a motion of defense or objection? What are the maximum wages that can be exempt from garnishment?

Asked on May 31, 2012 under Bankruptcy Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, even if the property has been foreclosed upon, you are still liable for debts incurred in relation to it prior to foreclosure, so the HOA may seek payment from you.

If you wish to contest the garnishment and there is a lawsuit against you (e.g. the garnishment came after you were sued and a judgment was obtained against you), you would object via making a motion in that suit, to the court which heard it; if there currently is no lawsuit against you, you would file a complaint for declaratory and injunctive relief stopping the garnishment. However, if you truly owe the underying debt, such actions are not likely to succeed: garnishment is a legitimate way that a creditor can seep payment of a debt, and unless you can successfully contest the debt, you may not have any grounds to contest the garnishment.

The maximum amount that can be garnished in your state is, I believe, 25% of your post tax (after FICA) income.


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