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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33166
Experience:  JD, BBA Over 25 years legal and business experience.
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I got behind on my HOA fees. I paid the fees of $1450.00 by

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I got behind on my HOA fees. I paid the fees of $1450.00 by way of check on June 5th. On June 6th I got a summons in my mailbox.
Asked less than a minute ago - Indianapolis, IN
HOA Liens Homeowners Association Late Fee
The the summons was filed in May. However the post office stamp was dated June the 6th. The summons stated that I need to appear on June 12th 2013. The fees where for April and May .I was experiencing health problems during that time and things fell a little behind.
What can I do I already paid all fees April , May and June. Before I knew I was being sued. Also is a 6day notice to appear suffieceint time?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Does the complaint you received indicate when it was filed?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

Yes, May 10,2013

I see. Thank you for the additional information, Tia. It appears that you paid the dues well after the HOA filed the suit.

No, the notice you received to appear in court is not adequate as you should typically have 20 days to file an answer to the complaint and then a hearing is set. It appears the plaintiff had some difficulty in serving you or they did not make much of an effort as there is a significant delay between the time they filed the complaint and when they had you served with it.

Having said that, unless you intend to retain an attorney to file their appearance in the case before the hearing date, it would normally be best for you to appear at the hearing and inform the court that you were not served until the 6th but that the case should be dismissed since you are now current on the dues. The court could dismiss the case, or if the plaintiff argues that you owe collection costs since you were delinquent, the court would likely provide you with the additional time to respond in that event.

I would first contact the plaintiff's attorney and see whether they are willing to agree to continue the hearing date or dismiss the case and proceed depending on what their response is to you.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

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Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

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Tina

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