32-2193.35
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32-2193.35. Notice of claim to judgment debtor; written response A. Within the same time prescribed by section 32-2193.34, subsection C for applying for payment from the condominium recovery fund, an aggrieved buyer who applies for payment shall serve notice of the claim on the judgment debtor, together with a copy of the application. The notice shall be in the form prescribed by the commissioner. B. To contest payment from the condominium recovery fund, the judgment debtor must file a written response with the commissioner within thirty-five calendar days after service of the notice on the judgment debtor and send a copy of the response to the claimant. Failure by the judgment debtor to timely file a response constitutes a waiver of objection. C. If the judgment debtor holds a current license, the notice and copy of the application may be served by certified mail addressed to the judgment debtor's latest business or residence address on file with the department. If the judgment debtor does not hold a current license and if by exercising reasonable diligence the claimant cannot effect personal service or service on the judgment debtor's statutory agent, the claimant must publish the notice once a week for two consecutive weeks in a newspaper of general circulation in the county in which the judgment debtor was last known to reside. D. If the judgment debtor fails to file a written response to the application with the department within thirty-five calendar days after service pursuant to subsection B of this section or after the first publication of the notice, the judgment debtor is not entitled to notice of any action taken or proposed to be taken by the commissioner with respect to the claim. |