Legal Question in Real Estate Law in Arizona

Civil Arrest Warrent-Homeowners Assessments

I lost my job in 2002 and fell behind on my Homeowners Association Dues. After about 5 months I received letters from their Attorney requesting responses to documents they filed with the Justice Courts. The day I went to court, they had already been awarded a Judgement by default because they claim I failed to responded to some document that I never received. I didn't hear anything from them for about 6 months. I just received a Subpoena in the mail on Dec6,to appear in court on Dec 11 and provide all of my personal financial information including Tax Returns, Bank Stmts, etc. I sent them a letter explaining that I could not be there that day and that I needed more time to gather all of the requested information. On Dec 15, I received a letter from the Attorney stating that a Civil Arrest Warrant has been isssued for my Arrest, and that I need to contact them to resolve this matter. I can't afford an Attorney and I know they are going to Foreclose on my Condo next. HELP! What can I do? I have secured employment and can begin making payments but I have a feeling they want all or nothing. I have a lot of equity and would refinance but my credit stinks and I would have to pay off other debts and my rate and mthly pmt would double.


Asked on 12/16/03, 6:24 pm

1 Answer from Attorneys
Debra Palomino PALOMINO LAW FIRM, P.C.

Re: Civil Arrest Warrent-Homeowners Assessments

Although I believe you should have been served directly with the Order to Appear (not by mail), you should still contact the attorney and schedule a time to go over the information he/she has requested. If service was done correctly, then the civil arrest warrant is valid. The attorney is looking for methods of getting paid. If you are now working, more than likely your wages will be garnished - at most 25%, but you can request (and prove) financial hardship to have the garnishment reduced to 15% of your net pay. You may also want to offer a monthly payment to the attorney in order to avoid a garnishment, however, the attorney is not required to accept this method of payment.

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Answered on 12/18/03, 5:29 pm


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