Legal Question in Credit and Debt Law in California

there has been a judgement filed against my brother for monies he owes his homeowners assocation and the board of directors has allowed him to make monthly payments which are due on the 30th of each month in which he pays eachand every month,lately the board president emails him what are you going to do about the payment and when will we get it this occurs approx 1 week before the payment is due.What can he do about this is this considered harassment ? considering my brother has sold his condo and no longer lives on the property


Asked on 12/28/10, 6:49 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

I'm not clear how this is harassment. Your brother acknowledges the debt, and the HOA president calls each month to ensure that he gets paid? If this can be characterized as a consumer debt (and I have not researched to answer that question for you), the collection of the debt may come under the Fair Debt Collection Practices Act, which comes with a bunch of requirements and stricture on how they can go about collecting the debt. Consult with a local attorney who specializes in FDCPA matters to see if there is something he can do about the calls. Otherwise, get it paid and be done with them. I don't honestly believe that this is harassment.

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Answered on 1/10/11, 2:27 pm

There is nothing he can do anymore than he can stop the phone company from sending him a bill every month.

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Answered on 1/26/11, 9:55 pm


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