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

UPDATED: May 31, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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