Legal Question in Real Estate Law in California

Leins on Autos .... can a Homeowners Association

I am curious to know if a Homeowners Association can place a lein on my only Auto for past dues from 5 plus years ago. I had to walk away from my home and they are now trying to collect and I want to know if they can place a lein on my Auto. Please let me know ASAP.

Thank you.


Asked on 8/02/00, 12:52 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Leins on Autos .... can a Homeowners Association

If the debts are from five plus years ago, they are probably time-barred by the four-year statute of limitations. There could be exceptions if you were out of state some of that time, etc., so without more facts I can't say this is a foolproof defense for you.

If a creditor is able to get a money judgment against you in court, all of your property is subject to its enforcement (by lien, levy and execution) except as otherwise provided by law. Section 704.010 of the Code of Civil Procedure provides an exemption of $1,900 of equity as determined by reference to Kelly's Bluebook or its equivalent (and after deducting any loan that reduces your equity, of course).

You say only that they are "trying to collect." If you are ever served with any legal papers like a complaint and/or summons, see a lawyer at once.

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Answered on 9/13/00, 2:38 am


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