Is this technically considered "claim splitting?"

[motaskate]

CA small claims court:

I am the new president of a COA and we have a member who has not paid dues in over a year (totaling just over $10,000). Can I file in CA small claims court two separate claims, the first for $5,000 for January-June dues, and the 2nd for $5,000 for July-December? Or is this viewed as claim splitting (even though technically they are separate occurences, in fact there are 12 of these occurences of failure to pay per yer) and therefore not permitted?
Kindly note it would have to be two separate claims as the max we can sue for as a Board (i.e. non-individual) is $5,000 per claim. I'm not sure if this is relavant either but we are one of the few COAs not incorporated. Also there are only 5 units on the property.

PLEASE help us as the state of the COA is dire...

Josh

 

[justalayman]

Yes that is claim splitting. They owe what they owe for dues regardless of when any portion of the dues became delinquent.

 

[adjusterjack]

Sorry, it's one lawsuit for the entire $10,000.

Should have filed suit the first month he was in default.

 

[HRZ]

I do not know but I sure might dig deeper as to CA law, an unincorporated associations is a group of individuals and a bit of an odd duck under CA law ..IF 4 individuals were to sue the 5h the individual for 10,000 might it be allowed? ITs a long shot .

Absent some agreement that allows for recovery of attorney fees from the deadbeat if you prevail in a higher court for $10,000+ , you may be faced with looking at an easier shot at 5000 being better than zero. ...but winning merely gives your right to try to collect it ...

So what's to prevent the 4-1 adoption of a new rules about collection fees and costs

 

[Taxing Matters]

I do not know but I sure might dig deeper as to CA law, an unincorporated associations is a group of individuals and a bit of an odd duck under CA law ..IF 4 individuals were to sue the 5h the individual for 10,000 might it be allowed?

No. It is the association that has the claim — a single entity, not the individuals who make up the association.

 

[adjusterjack]

..IF 4 individuals were to sue the 5h the individual for 10,000 might it be allowed?

According to the CA government website the limit is $10,000 for an individual or sole proprietorship and $5000 for corporations and "other entities."

For the OP's COA it's $5000 in small claims court, $5,001 and up goes to regular civil court.

 

[Taxing Matters]

For the OP's COA it's $5000 in small claims court, $5,001 and up goes to regular civil court.

If the limit is $5,000 then $5,000.01 and up goes to the higher court.

 

[HRZ]

ONe advantage of higher court is you can seek costs and fees ....does not meant you will collect ...you might...

One problem with small claims is to sort of grant the deadbeat a 50% discount even if you win....what led to snoozing so darn long about collections ?

Me I might be tempted to some tough new rules about fees and costs and options as to unpaid fees into records even with a 4:1 vote a bit ahead of taking the matter to big league court

 

[adjusterjack]

If the limit is $5,000 then $5,000.01 and up goes to the higher court.

TM, I'm nominating you for the Guinness Book of World records. In the almost 17 we've been on the same legal sites, that has to be a record for the smallest nit (99 cents) you've ever picked in any of my posts. LOL.

That being said, to be more accurate $5000.001 and up would be more correct since a tenth of a cent is still valid in US currency. Example: gasoline priced at 2.19 9/10 per gallon.


Back atcha.

 

[motaskate]

The old board was apathetic. Now it's my issue. So if we take them to regular court and ultimately they appeal the decision (assuming we win), then they can still not pay the entire time after that while we wait for a new court date and the amount they become delinqient thereafter(assuming they continue to not pay), how do we recover this new debt?
for example: they owe $10K and judge says we win and they owe us in August, then they'll petition it and while we wait longer (say from September on...) they still won't pay, increasing their debt. If I file another claim for this this is considered claim splitting and tough cookies?! Or can I take the new amount (which is under $5K) to small claims?

 

[Zigner]

You cannot file multiple claims.

 

[motaskate]

You cannot file multiple claims.

so your saying that if we win and he pays us the $10,000 due, but he then thereafter still doesn't pay any dues after the dates we win for, we can't go after him? That doesn't sound correct...

 

[Taxing Matters]

TM, I'm nominating you for the Guinness Book of World records. In the almost 17 we've been on the same legal sites, that has to be a record for the smallest nit (99 cents) you've ever picked in any of my posts. LOL.

That being said, to be more accurate $5000.001 and up would be more correct since a tenth of a cent is still valid in US currency. Example: gasoline priced at 2.19 9/10 per gallon.


Back atcha.

But while prices may be stated in fractions of a cent by businesses, the smallest unit of currency is the penny. As a result in every court I've practiced, judgments are always rendered only to the penny, not some fraction thereof. So I contend my answer was exactly correct.

 

[adjusterjack]

But while prices may be stated in fractions of a cent by businesses, the smallest unit of currency is the penny. As a result in every court I've practiced, judgments are always rendered only to the penny, not some fraction thereof. So I contend my answer was exactly correct.

I know. Just having some fun with you.

 

[gryndor]

I used to live in an HOA ages ago, and if you were enough behind in your dues there was some kind of foreclosure process that they would initiate. Then there was a story shortly after 9/11 of a veteran who had a flag in his front yard, and he ignored the HOA penalties that were being charged for that being against their rules. I think he was ultimately kicked out of his home.

What is the ultimate consequence of not paying dues in your contract? Is it even addressed?