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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32949
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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We are in disagreement over some late fees with my HOA. I

Customer Question

We are in disagreement over some late fees with my HOA.
I pay my HOA through the bank using auto-pay, the HOA gets a check in the mail. A year ago I got a call from HOA stating I was behind two months. I told him that was strange because the payment is automatically send by the bank and I wasn't having any problems until that point. They told me they had changed PO BOX. I told them I did not know and was not informed the HOA had changed the PO BOX number. The lady gives me the correct info and I proceeded to make the change. After I updated information with the bank they started receiving the payments as scheduled. A few months later I start getting a late fee notice in the mail. I of course do not feel I am responsible for paying those late fees since I was not informed properly of the address change.
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 11 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Is there a specific question with which I could assist?
Customer: replied 11 months ago.
I was served the papers by a constable on the 17th of March. I wasn't even home, my aunt signed. The petition to sue was filed on the 21st of October 2015. So why is my aunt getting my papers served roughly 5 months later?
A few months back I tried to pay only the HOA dues is I owed them. The lawyer representing KRJ sent the payment back because I was not including the late fees.
I am attaching all the supporting documentation as follows
Exhibit a.
Email showing KRJ changed PO BOX and informed me via email.Exhibit b.
Returned check for HOA dues to accepted by KRJ/LawyerExhibit c.
Two payments being issued on regular schedule by Chase Bank and later returned
Expert:  Dwayne B. replied 11 months ago.
Is there a specific question with which I could assist?
Customer: replied 11 months ago.
I plan on representing myself. So Based off all the info I have provided do you thing the judge will rule in my favor? Did you see all the exhibits I attached?
Customer: replied 11 months ago.
Is there any I should know or am I missing anything that would help me win this case.
Expert:  Dwayne B. replied 11 months ago.
No, there are no attachments, just a list of attachments.I'd be glad to take a look at them and offer you my opinion as to them, but you have to realize it is just my opinion.Also, I can tell you if I spot anything specific that you are missing but without being intimately involved in the case, which we can't do on here, I can't really tell you much. I'll be offline but if this is agreeable to you and if you want to attach the documents I'll be back online later.
Customer: replied 11 months ago.
I have attached the PDFs and .DOC files for your review.
Expert:  Dwayne B. replied 11 months ago.
I need you to convert the .doc to a .pdf and re-attach it please.
Customer: replied 11 months ago.
I renamed the file and converted it. Basically this is my answer to the judge in regards ***** ***** petiton to sue from KRJ management and their lawyer.
Expert:  Dwayne B. replied 11 months ago.
I read through those and, while that will serve as an answer, the attachments aren't likely to be considered as evidence unless you attached an affidavit or affidavits "proving them up". There is nothing there that is dispositive as to the case and that is likely to win it, or lose it, for you. Since they sued you then the burden of proof is on them and it is likely they will have witnesses to testify about all the different aspects of the case. Of course, you can testify as to the fact that you didn't receive notice of the change in address but they will almost certainly have someone there to testify that they sent notice to everyone. You will have to look at the documents from the HOA that formed it, etc. to see if they documents specify a way that they must give notice of the address change, etc. That's the first place to look for a weakness in their case.
Customer: replied 11 months ago.
Can you clarify the below statement? How is the below accomplished? Can this be done prior or on the court date?
" the attachments aren't likely to be considered as evidence unless you attached an affidavit or affidavits "proving them up".
Expert:  Dwayne B. replied 11 months ago.
In some cases there are attachments made to pleadings and they are taken as evidence if supported by affidavits. In this case that doesn't appear to be done. You may want to seriously consider hiring a lawyer to assist you and then suing for the attorney's fees as well. Most people that choose to represent themselves lose not because they don't have a good case but because they don't understand the Rules of Evidence. Evidence law is extremely complicated and an entire semester class is devoted to it at law school and, even then, most lawyer don't understand it completely. Almost any evidence you will want to offer must be done in a certain way and if you don't know the way to offer it then it is subject to objection by the other side and then will be excluded if you don't understand the concepts and have the ability to explain why it is admissible. In addition, the other side will be able to offer a lot of evidence that is actually inadmissible but if you don't know what objections to make it will be allowed in. You can offer evidence at the trial even if it wasn't property proven up when attached to an Answer but it is extremely complicated.