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Small Claims Court
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07 Nov 2012 3:48 PM
Has any RA successfully pursued a delinquent member in small claims court? If so, what arguments if any were made in defense of non payment and was the outcome worth the effort or is the recommendation just to lien the property of the delinquent member and wait?
08 Nov 2012 5:24 AM
Our road association has recently amended our bylaws to allow for legal recourse against non-payers. The efforts to become statutory and have the ability to place liens on members was met with much resistance over the years and was never passed. We opted for the alternative of placing a "Notice of Non-payment" on the non-payers deed. This requires a judgement from small claims court. This judgement will adversely affect the credit rating on the non-payer. While we have not enforced this action yet, the threat of such action resulted in the collection of winter plowing fees from 3 non-payers this past winter.
The cost of small claims court is minimal and hopefully if a precedent is set, future action will be unnecessary.
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The Maine Alliance for Road Associations