The next logical step after prevailing in Small Claims is usually a Financial Disclosure Hearing.  This process just about gives you sopena power to have the debtor produce almost any financial records you deem pertinent.  This is all through a judge of course.  I have not done this but have read up on it a bit.  I am loathe to do this as it involves more filings, fees, etc.  It looks like the process is a bit less involved than the Small Claims procedure.  Once the debtor is proven to have the ability to pay, there are a couple of more hoops to jump through but the further you go in the process, the more serious the punishments are for the debtor to ignore.  If the debtor has no assets, then it is a dead end.  I am researching the lien process now.  It is probably the way we will prefer to go after Small Claims.

Patricia, was this an association organized under the Private Ways statute?  If so, the judge's ruling is in conflict with the plain language of the law.

Todd Tolhurst wrote:Patricia, was this an association organized under the Private Ways statute?  If so, the judge's ruling is in conflict with the plain language of the law.

Yes, Association has been in effect for fifty years.   They hot-topped a portion of the road beyond the owners cottage, in front of the millionaires mansion,  but did not do the portion of the road leading to the cottage, thus causing a hardship on the owner.  The millionaire just wanted his home to look "beautiful".  Thus the judge ruled that it was unfair.

Betsy Connor Bowen wrote:Paving is not covered under the statute.

I realize that - but it was considered patching to stop some erosion, which
incidentally comes back every year, and they want it repaired "every" year.
They said that they statute requires all road abutters have to pay their portion, but all abutters do not get their share repaired.  The judge was very emphatic on this point....that if you do not "use" the road, you are not liable for it's repair and maintenance because the millionaires live a mile from the beginning of the road.....but wants everyone to help payfor the portion that goes to their home at the end of the road.

If there are two roads included in the association and several residents on one road are late in paying there plowing fees (under 30 days), does the association have the right to cancel the plowing contract (which was voted on and agreed to by the entire association) and leave the residents on that road to deal with plowing on their own? (which was not voted on by the association but decided by the executive committee)