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Delinquent Assessment Collection Process - Business...a SelectSmart.com Flowchart
Business. Delinquent Assessment Collection Process
By Joseph_Scharnak
Viewed 879 times since July 2013.


This SelectSmart.com Business. flowchart, a free online decision tool is a creation of Joseph_Scharnak and for amusement purposes only. The implicit and explicit opinions expressed here are the author's. SelectSmart.com does not necessarily agree.


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Delinquent Assessment Collection Process
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Unit Owner is 60 days past due on assessment payments.

Property Manager sends list of all accounts 60 days or more past due to attorney.

(60 DAYS HAVE ELAPSED SINCE LAST PAYMENT)

If Unit Owner pays after receipt of 30-day notice and demand for payment, account becomes current and no further legal action is taken.

(60-90 DAYS HAVE ELAPSED SINCE LAST PAYMENT)

If Unit Owner fails to make all payments under agreed payment plan, a new 30-day notice and demand for payment is issued and no further payment plans are accepted.

(Timing depends on agreed upon length of payment plan)


Attorney prepares and serves delinquent unit owner with statutory 30-day notice and demand for payment.

(60 DAYS HAVE ELAPSED SINCE LAST PAYMENT)

If Unit Owner contacts attorney after receipt of 30-day notice and demand for payment and makes a request to enter into payment plan and Board agrees to terms of payment plan, a payment plan agreement is signed.

(60-90 DAYS HAVE ELAPSED SINCE LAST PAYMENT)

If Unit Owner makes all payments under agreed payment plan, account becomes current and no further legal action is taken.

(Timing depends on agreed upon length of payment plan)


If Unit Owner contacts attorney after being served with lawsuit and proposes an acceptable payment plan, a payment plan is entered in the Circuit Court in lieu of an eviction order.

(110 DAYS HAVE ELAPSED SINCE LAST PAYMENT)

If Unit Owner does not pay 30-day demand in full, eviction lawsuit is filed and Sheriff attempts to serve Unit Owner.

(90 DAYS HAVE ELAPSED SINCE LAST PAYMENT)



If Sheriff is able to serve Unit Owner, the matter is set for a trial date in the Circuit Court. A trial is conducted and an eviction order is entered.

(110 DAYS HAVE ELAPSED SINCE LAST PAYMENT)

If Sheriff is unable to serve Unit Owner, a special process server is hired to attempt to serve Unit Owner.


(110 DAYS HAVE ELAPSED SINCE LAST PAYMENT)

If special process server is unable to serve Unit Owner, a notice by posting is filed with the Sheriff's Office.

(130 DAYS HAVE ELAPSED SINCE LAST PAYMENT)


By statute, eviction order is stayed for a minimum of 60 days. We cannot give eviction order to Sheriff until 60 days after eviction order is entered.

(170 - 190 DAYS HAVE ELAPSED SINCE LAST PAYMENT)

If special process server is able to serve Unit Owner, The matter is set for a trial date in the Circuit Court. A trial is conducted and an eviction order is entered.

(130 DAYS HAVE ELAPSED SINCE LAST PAYMENT)

The matter is set for a trial date in the Circuit Court. A trial is conducted and an eviction order is entered.

(150 DAYS HAVE ELAPSED SINCE LAST PAYMENT)

If Unit Owner contacts attorney after being served with lawsuit and proposes an acceptable payment plan, a payment plan is entered in the Circuit Court in lieu of an eviction order.

(130-150 DAYS HAVE ELAPSED SINCE LAST PAYMENT)

Sheriff accepts eviction order and schedule's eviction as Sheriff's schedule allows.

Sheriff generally schedules eviction within 6-8 weeks of receiving Order.

(200-270 DAYS HAVE ELAPSED SINCE LAST PAYMENT)

By statute, eviction order is stayed for a minimum of 60 days. We cannot give eviction order to Sheriff until 60 days after eviction order is entered.

(210 DAYS HAVE ELAPSED SINCE LAST PAYMENT)



Sheriff conducts eviction and Association takes possession of Unit. Association rents out Unit and applies rent payments to delinquent assessment account balance.

(240-300 DAYS HAVE ELAPSED SINCE LAST PAYMENT)