Warrant for arrest because of unpaid HOA dues?

[porcelina68]

What is the name of your state (only U.S. law)? Indiana

I just read the minutes of our last HOA meeting, and it stated that they are working with an attorney to put a "body" attachment on delinquent homeowners. They also stated something about if a homeowner owes their dues, and gets stopped for a traffic violation, they can be arrested and held until the delinquent dues were paid.

"Gretchen advised we have $17,019.41 of unpaid assessments in collections with the attorneys (Approx $8,900.00 is prior to 2008). The board, Omni, and our new Attorney will be working aggressively to go after homeowners who do not pay their assessments. Tanner Law Firm has been instructed to issue Body Attachments on all collections that are in contempt of the court order judgement. A body attachment is a process issued by the court directing the U.S. Marshal to bring a person who has been found in civil contempt before the court. Another example would be if the homeowner was to get pulled over for a violation they would be arrested for an outstanding warrent and would only be released upon payment."


Is this legal?

 

[TinkerBelleLuvr]

Body Attachment : An order of arrest issued when a party does not appear at a rule to show cause hearing.

Although the judgment lien expires after ten years as a general rule, the judgment itself may be enforced for up to twenty (20) years after its entry. The expiration of the lien on real property will prevent the judgment creditor from collecting his or her judgment through execution on real property. After the expiration of twenty years, a judgment is deemed satisfied under Ind. Code Section 34-11-2-12. The presumption of satisfaction is not conclusive and can be rebutted by the judgment creditor.

If the debtor is served with notice of the hearing and does not attend, the court, at the winning party’s request, may issue a body attachment and have the debtor arrested and held in jail until another date for the hearing can be scheduled.

http://www.in.gov/judiciary/pubs/handbooks/small-claims-manual(2005).pdf

Means that if your attorney goes to court and the homeowner doesn't show up, then they can do one.

 

[JETX]

Is this legal?

Yep.... perfectly legal. It is simply an arrest warrant issued by the court, for contempt of court.