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Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
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Experience:  10 years Exp., Great customer service, Prompt responses.
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Response to HOA attorney who wrongfully froze my accounts

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Attachment: 2012-12-06_203956_acctfrozenemail-response.doc


I would like a second opinion regarding this: My old HOA wrongfully froze my accounts. I sent them the attached email and you can see their response. Please give me some suggestions how to proceed. My demand as seen is very reasonable.


Paul K, Esq. :

Hello, my name is XXXXX XXXXX I would love to assist you. Give me a moment to research your issue and I will answer promptly.

Paul K, Esq. :

Well first, i am sorry that this happened to you, when creditors take unauthorized possession of your funds that can have a huge effect on people's lives.

Paul K, Esq. :

Do you have an attorney representing you in BK?

Paul K, Esq. :

That is basically what they are saying is that legally they can get in trouble for speaking with you without counsel present.

Paul K, Esq. :

So if you do not, send them a response that you do not have an attorney and that "I am looking to resolve this between us first, without the additional expense and delay of having an attorney or the bankruptcy court involved. Many times, people jump right into getting an attorney and things get muddied and delayed and we lose sight of the goal. Clearly your employee accidentally charged my account multiple times without my authorization and consent. This is a violation of the FDCPA, the Bankruptcy Code, among others, and I am requesting $800.00 to compensate for my lost money, interest, late fees and penalties, and my time and energy in trying to deal with this matter. Please respond within seven (7) business days to this letter or I will need to take additional steps to rectify the situation"

Paul K, Esq. :

If you DO have an attorney, then have them basically do and say the same thing on your behalf.

Paul K, Esq. :

I will be off and on throughout the night, so please let me know if you have additional questions!

Paul K, Esq. :

Thank you for your time and if I can be of more help, please let me know.

Paul K, Esq. :

Have a great day!!!!

Customer:

are you there

Paul K, Esq. and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.
Thanks, XXXXX XXXXX as you suggested. Below was a recent response from the attorney representing the HOA. Is he saying that I need to go directly to the HOA?
Hello,
Feldsott and Lee, was not listed as a creditor in the bankruptcy. Additionally, our office never received notification of your bankruptcy in question. It is unlikely the requested compensation will be provided, even with your bankruptcy Attorney's assistance. Attached is an email submitted by the Sheriff's Office regarding the bank levy. The Termination was submitted to the bank on 12-6-2012. All funds captured in the bank levy should be returned to you shortly. You may be able to expedite the process if you contact your bank. Please contact me if you require any additional assistance.
 
 
Ok, great, so it sounds as if they are refunding the money to you, but NOT paying you extra for damages. So they are saying they will make you whole, but not pay extra because they are saying your attorney messed up by not notifying them of the BK in the first place. Sounds like it is all working out for you. Obviously getting extra money would be great, but as long as they pay you back what they withdrew that is great. Also if you had overdraft fees, they are responsible for those after they had knowledge of the case. So if you told them on Friday and then went overdrawn Saturday, Sunday, Monday, etc, then that is their fault. They are basically denying liability for anything that happened prior to them being notified. Let me know if you have more questions!
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Customer: replied 4 years ago.
My bankruptcy attorney should have proof they were notified and if so whats the next step? Obviously the attorney wouldn't have been notified, but the HOA should have been. It sounds like the HOA dropped the ball and hired the attorney. Should I contact the HOA directly? And if so can you Recomend what to say ? If your answers continue to be good as always, I will except them all. Thanks!
I would contact HOA directly, or have your atty do it. Double check your paperwork and make sure they were notified and if so, they should pay you back, not the law firm representing them. Then if they DID have notice, they can pay you back. Now all this being said, they are not forced to pay you damages without the judge forcing them to do it, but many will to avoid you bringing it to the Judge's attention by a Motion to Show Cause for Sanctions for violating the Automatic Stay.

I would basically tell them what you told the law firm "I am looking to resolve this between us first, without the additional expense and delay of having an attorney or the bankruptcy court involved. You received notice of my BK filing on XXXX date, yet YYYY days later you withdrew money from my account. This is a clear violation of the Automatic Stay. Many times, people jump right into getting an attorney and things get muddied and delayed and we lose sight of the goal. Clearly your employee accidentally charged my account multiple times without my authorization and consent. This is a violation of the FDCPA, the Bankruptcy Code, among others, and I am requesting $800.00 to compensate for my lost money, interest, late fees and penalties, and my time and energy in trying to deal with this matter. Please respond within seven (7) business days to this letter or I will need to take additional steps to rectify the situation"
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