Where does an HOA filea small claims suit for dues owed – the the state where the owner now lives or in the state in which the property is located?
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Where does an HOA filea small claims suit for dues owed – the the state where the owner now lives or in the state in which the property is located?
The former owner lives in another state and we want to know where to file a small claims suit. The amount due is $ 1,800. The property was foreclosed on.
Asked on October 13, 2011 under Bankruptcy Law, South Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Good question. If the desired lawsuit's theory of recovery is for breach of a written contract or commons counts the venue for the lawsuit is either the place where the defendant presently resides, there the contract was entered into or where the item that is the subject for the lawsuit is located.
With respect to your question, you should consider the location of where the lawsuit will be filed that benefits the association most in terms of costs, convenience and likelihood of success. From what you have written, I would file the lawsuit in the county and state where the real property that has the unpaid dues assessed against it is located.
Good luck.
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