Legal Question in Credit and Debt Law in Georgia
i have been served to apear in court for non payment of hoa dues.do i have any outs.or can i just not go and start making payments
2 Answers from Attorneys
You just cannot start paying whatever you feel like it. I would recommend that you get a lawyer and get an agreement in place. If you cannot afford a lawyer, then contact the HOA's legal counsel and see if something can be worked out. Possibly, they can do either a consent order or agreement which will set forth the terms of any repayment and provide that they will not garnish your wages or seek to further execute on any judgment provided that you stay current on the HOA dues and make payments on the past due sums.
I agree with the prior answer by Attorney Hunder.
The primary things you have to remember are to get any agreement in writing and require the HOA to dismiss the lawsuit. Don't rely on verbal agreements to protect yourself against a judgment. Moreover, do not miss deadlines for filing the answer or court appearances noted on your summons and complaint/statement of claim.
It is a very good idea to take the time and money to visit an attorney in an initial office consultation. Of course, you don't have to retain the attorney for the lawsuit as long as you don't sign a contract.