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What about Small Claims Court? What are the benefits and pitfalls?

It is quite easy to gain a judgment in the association’s favor. However, collecting on the judgment is the hard part. Most people in this situation may have lost their job or are working side jobs that are not “on the books.” There are significant costs in trying to pursue the debtor after a judgment. These costs include finding the debtor’s bank account information, their employer and setting up a garnishment. Often, the costs eliminate the benefit.
 
If the homeowner has declared bankruptcy, courts will wipe out the debt with the bankruptcy. In many cases when someone has lost their home, they will declare bankruptcy, as their home is most often their greatest asset.

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