Legal Question in Credit and Debt Law in California

In Janauary my brothers Homeowners assocation filed a stipulation of judgement against him for monies he had spent while serving as the board president (with out permission ) thus allowing him to repay the money owed, he has since began to make payments toward what he owes, he recently lost his job and cant pay what he agreed to can the board resind the judgement against and file other charges against him ? he has since moved away from the property as he was being harrassed by the new HOA president as the current president continues to make comments as to he wants his new address it is to my belief that the only information he has to provide is his currrent phone number


Asked on 6/04/10, 12:55 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

The stipulation for judgment is an agreement. Unless its terms provide otherwise, it is not rescinded by your brother's failure to pay. The HOA can go to court to enter judgment or, more than likely, the HOA already has judgment against him, but held the judgment while he was voluntarily paying. Now, the HOA can try to collect on the judgment. This includes taking a debtor's examination under oath. If he's been served with a subpoena to appear, he would be required by law to appear in court and provide information about his address, bank accounts, jobs, assets, and other financial circumstances.

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Answered on 6/04/10, 7:15 am


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