Have Legal Questions? Ask a Lawyer Now.
I am sorry maybe I DIDNT MAKE MYSELF CLEAR, I ALREADY ENTERED INTO THAT AGREEMENT , THEY ACCEPTED AND I MADE CONSIDERATION IN THE SAME PHONE CALL BY PAYING THE FIRST PAYMENT OF THREE , AFTER I MADE THE FIRST PAYMENT THEY ADDED AN 20% ACCOUNT MONITOR FEE, AFTER THE FACT, SUBSEQUENT TO OUR AGREEMENT, NON DISCLOSED BEFORE HAND ETC. HAD IT BEEN DISCLOSED AT THE TIME OF OFFER , ACCEPTANCE AND CONSIDERATION MADE, I WOULD HAVE INSTEAD PAID ALL THREE YEARS AT ONCE TO SAVE A 20 % INCREASE IN THE OVERALL AMOUNT, I DISCOVERED THE ADDITIONAL FEE JUST PRIOR TO THE LAST PAYMENT, AND BECAUSE I DIDNT AGREE TO THAT FEE, NOR WAS PRIOR DISCLOSED AND DISPUTED AS AN AMOUT I OWED , I SENT THE 3RD AND FINAL PAYMENT AND WROTE ON THE MEMO LINE, FOR IN FULL, LAST PAYMENT. SUBSEQUENTLY A MONTH AFTER THEY TENDERED THE CHECK, THEY CALLED AND WANTED MORE, NOW WE ARE IN COURT.
THANK YOU,I AM WRITING MY DEFENSE AS WE SPEAK, AND PART OF MY ORIGINAL QUES. WAS ARE THEY REQUIRED TO APPLY THE PAYMENTS "AS I STIPULATED" THE FIRST PAYMENT TOWARD THE OLDEST YEAR ASSESSMENT AND THE SECOND TO THE SECOND AND THE LAST TO CURRENT YEAR THAT JUST CAME DUE.? ALSO AM I ENTILED TO A RECIEPT EACH TIME I MAKE A PAYMENT FOR BACK HOA DUES ? AND FINALLY DO I LIST MY LEGAL ARGUEMENTS IN MY MOTION AS COUNTS 1THROUGH 6 IF I HAVE SIX LEGAL ISSUES TO PRESENT OR ARGUE BEFORE THE COURT RULE UPON , OR LISTS AS ARGUEMENTS 1-6, OR WHAT?
THANK YOU, XXXXX XXXXX TO MOVE ON TO COMPLETING THIS MOTION , AND DO I STYLE MY 6 DEFENCIVE ISSUES AS COUNTS, 1-6 OR ARGUEMENTS 1-6, OR HOW IN MY BRIEF. SORRY, SINCE I AM RACKING MY BRAIN ALL NIGHT TO GET A REPLY TH PLAINTIFFS MOTION FOR SUMMARY JUDGEMENT, IS THERE A MINIMUM TIME FRAME THAT I WOULD HAVE TO RESPOND WITH A MOTION TO DENY SUMMARY JUDGEMENT AS A PRO SE LITIGANT BEFORE THE JUDGE RULES IN FAVOR OF THE PLAINTIFF, ITS GOING ON 14 DAYS NOW... ??? DOES THE JUDGE HAVE TO WAIT A CERTAIN AMOUNT OF DAYS TO ALLOW MY REPLY, OR ACTION ???
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).