Legal Question in Credit and Debt Law in Georgia
I'm having a problem with my HOA and their management company, GW & Associates. The whole matter started 5 years ago with an agreement betwenn myself and the HOA President at the time over collection fees for unpaid dues. Now that $280 has blown up into a $3600 wage garnishment. The HOA recently agreed to a credit refund of the $280 that started the whole thing. I'm I right in saying if the original $280 fee was invalid and has been corrected to reflect that, then all actions that followed have no supporting cause. Without the base disputed amount no longer in question, the remaining charges collapse in my opinion. Bob in Lawrenceville
3 Answers from Attorneys
A garnishment means you previously lost a lawsuit. Discuss this latest turn of events with the lawyer you had defending the suit. The refund doesn't erase you losing a suit.
I understand that you believe the remaining charges should collapse and that you no longer owe the $3600. However, as long as the judgment stands, this is not the case. If the HOA agrees to release you from the judgment and/or the garnishment then and only then will the "remaining charges collapse".
Should you wish to discuss your options further, feel free to contact my office at 404-522-0341.
You should not have let this whole thing "blow up" into a wage garnishment over 5 years. Did you ever seek to get an attorney? Now you have very very few options. The HOA will garnish your wages unless you can resolve the debt, assuming that the HOA will accept less than the judgment in satisfaction of the debt.
If you are still within the 30 day period following entry of the judgment, you could try appealing, but if they have moved to garnish your wages, my guess is that you are well outside of this period.
If you did not have an attorney before, you ought to get an attorney now to look at this and see what can be done.
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