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