QUESTION

What is the statute of limitation on Home Owner Association debt (non-payment) in GA?

Asked on Aug 01st, 2014 on Breach of Contract - Georgia
More details to this question:
I lost my house to Foreclosure 6 years ago. I owed 2 years of Home Owner Association fees. They've started suing me before I even lost the house, I never responded. I recently find out that they are still trying to garnish my wages, seize my personal property. Can they still do that to me after 6 years?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If they had started to sue you now, maybe not.  I'm not sure of the Georgia limitations period for breach of contract, but in NY it's 6 years, and in other states in which I've had cases the contract limitations period is even shorter. However, limitations period run until the date suit is commenced.  If the limitations period is one year, and a lawsuit is started on the 364th day, the suit is timely, even if it takes 30 years to wend its way through the courts. Moreover, since you never responded, it appears that the HOA got a default judgment against you.  In NY, and I'm pretty sure in GA, you can't (except under unusual circumstances) garnish someone's wages or seize their property until you get a judgment against them.  You are no longer being sued; the HOA already won.  They are now seeking to collect on their judgment.  The limitations period to collect on a judgment is much longer.  In NY it is 20 years.
Answered on Aug 01st, 2014 at 7:47 AM

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