Legal Question in Civil Litigation in Georgia

No.

No. But not paying can have consequences. The HOA can file a claim of lien against your property. They can notify your mortgage lender and this may be deemed an act of default under your mortgage, thus allowing your lender to foreclose on the property.

Feel free to contact me if you want to work something out.

Rachel Hunter

Attorney at Law

(678)-687-9693

[email protected]

Admitted in GA, PA & NC

You're being taken to civil court-- not criminal court. While a HOA can take a lot of actions, having you arrested is generally not one of them. Of course, there are always exceptions, such as if you knowingly pass fraudulent checks, but simply owing money does not constitute a crime.

The above answers are correct. However, they may be in violations of the Fair Debt Collections Practices Act if debt collectors have threatened you with criminal prosecution. Depending on the facts, if you have a claim against them and they sue, you can countersue under the act. This may lessen your liability to the HOA and act as a good negotiation tool.

If you need more information about the FDCPA, please contact me. (770)367-1234