Hello,Since homeowners association fees are generally considered covenants running with the land, they are secured interests which are nondischargeable in bankruptcy under Section 523(a)(16). Consequently, there is little point in fighting the lawsuit, unless you can show that a subsequent purchaser of your property (e.g., bank or new owner) paid the fees (in which case, the plaintiff/HOA has no damages and no grounds for a lawsuit). The problem with discovery here is that in order to finding whether this payment occurred, you would have to defend the lawsuit. If you bet wrong, you will get stuck with the HOA's attorney's fees in addition to the unpaid fees. So, unless you can somehow discover this info without defending the lawsuit, it may be more cost effective to simply pay the fees and move on.Hope this helps.
woriong button was pushed, not poor.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).