Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good morning. In the end, you will only be out the $886. You can approach this one of two ways. One, you can simply refuse to pay any additional amounts and fight it out in court when they file a suit against you and/or try to put a lien on your condo. You will prevail in this court proceeding given your facts, but it's a bit like putting toothpaste back in the tube because you'll have to go through the process of undoing the lien and possible negative credit report
. The second alternative is to pay what they say you owe and then file a claim against them in small claims
court to recover the excess amount paid. The advantage of this is that you are going to court without them simultaneously filing against you for being delinquent. You can file this without an attorney and given your facts, the court will award you a judgment for the excess amount you paid. You'll want to name both the association and the attorney as defendants. Once the suit is filed and a judgment awarded, you become a judgment creditor
, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.
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