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View Full Version : Answer summons in Georgia


jleeeeee
Jun 22, 2010, 10:33 PM
I live in California. I received a sommon from GA State court. It is civil suit against me for the HOA dues that has not been paid before the house went into foreclousure. Currently, the house is owned by the bank, Fanime. My credit is alreay ruined. If the bank took the ownership of the house, Shouldn't HOA (current and past due) be paid by the bank already when they took over the house. According to a real estate agent, all deeds, liabilities, taxes, including HOA should have been cleared and paid for by the bank. The amount is around $2000 including legal fees. It is impossible for me to travel to GA from California. I don't even know how to respond to summons.

SmoolyNog
Jun 23, 2010, 10:05 AM
I'm no expert, but I believe that after filing a case, a summons fulfills the plaintiff's requirement to prosecute a case against you. You should have been given a copy of the case with the summons. In most states, you have 30 days to file an "answer" to the complaint or risk the court granting a summary judgment against you. But as you say, your credit is already ruined. What I would do, is contact the HOA with the info about how the bank is the party that needs to be sued as they are the ones with possession of the house. I would also explain to them that a judgment against you would be next to worthless where a judgment against the bank would be enforceable. The HOA should see the logic of pursuing the bank and not you.