Our Experience
Since 1991, our attorneys have been collecting all kinds of debts from debtors located in Georgia. We aggressively collect community association assessments, fines, charges, and attorneys' fees, judgments, invoices, open accounts, secured debts, commercial and consumer debts, deficient automobile leases and mortgages, and generally any other type of debt. We have significant experience in pre-judgment and post-judgment collection including garnishments, asset location, and foreclosure.
Pre-Judgment Collection
Community associations have a number of collection strategies to utilize without litigation or a judgment. Depending on the type of association and what is authorized by the declaration, many associations can suspend use of common elements such as swimming pool and tennis court use or parking privileges. In certain circumstances the association can suspend services such as trash pick-up, or utilities such as water or power, that are paid for by the association as a common expense. Generally, the association may suspend the right to vote on association matters. Likewise, the association may have the right to require a tenant leasing the unit or home from a delinquent owner to pay rent directly to the association. If your association is not already utilizing these strategies, we can help your association identify your rights and implement the proper procedures, so that these pre-litigation collection strategies are successful.
Post Judgment Collection
Frequently, however, a community association must file a lawsuit to collect what is owed and to invoke the power of the courts to enforce payment through various judgment collection and foreclosure proceedings. Once the court awards judgment against the debtor, the association may then take much more aggressive steps to enforce the judgment, such as garnishing the debtor’s wages and bank accounts, placing judgment liens against the debtor’s real estate and personal property such as cars and motorcycles, and having the sheriff seize and sell real estate or personal property owned by the debtor at a public sale to satisfy the debt. With a judgment in excess of a certain amount, associations subject to the Georgia Condominium Act may now suspend utilities paid for by association as a common expense. Likewise, with a judgment, community associations subject to the Georgia Condominium Act or the Georgia Property Owners Act usually have the right to foreclose on the delinquent property, which is a very powerful collection tool.
Collection Attorneys
Court action can often be avoided altogether with an aggressive and experienced debt collection attorney on your team. Debtors are more likely to respond to a collection letter from a lawyer; the fear of imminent legal action often results in the voluntary payment of outstanding debts.
By hiring experienced community association collection attorneys, like the attorneys at Pankey & Horlock, you can rest assured that no stone will be left unturned, and that the debt will be pursued in the most efficient manner possible. Our firm provides a full range of resources for collecting community association debts owed to our clients, including locating debtors and their assets, identifying the debtor’s employer and bank accounts, litigating the claims, and enforcing the court’s judgment. We are experienced and aggressive collection attorneys and can give you the the help you need in debt collection.
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