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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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I filed a very broad none specific answer, to a Hoa complaint,

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I filed a very broad none specific answer, to a Hoa complaint, just basically stating I dispute the information of back fees and want my day in court, I am pro se for now and work on the road and due to constraints I didn't have time to fully research and prepare a explicit respond of all my affirmative defenses, can I now file a motion to amend or supplement, the original answer ??? or now since they filed a motion for summary judgement , just add all my objections and defenses in with my motion to deny or dismiss that motion, because there are real material facts that need to determine by the court.
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Good afternoon. Typically, you could have amended the answer and added or plead with specificity, your affirmative defenses. Since the plaintiff has proceeded with summary judgment, they are going to need to show the judge there is no genuine issue of material fact and that the money is owed. If you have a legal basis to explain and show the Judge, as to why summary judgment should not be granted, it should be raised pursuant to Florida Rule 1.510. There should be affidavits submitted and if there is an issue regarding the back fees, why you feel that the amount is not correct. You can also try and assert any other defenses and/or if the hearing has not yet been set for the summary judgment motion, could always try and ask for leave to amend the complaint and see if the Judge will allow it or if they will agree.
Customer: replied 3 years ago.

Thank you again, I just got off the phone with their law clerk and they are about to request a hearing on their motion the week of july 29th, it should take a few days or more to get a reply and obtain a hearing date, but if I don't request leave to amend answer am I barred from bring them up in a motion to deny summary judgment , I feel confident I can prove a genuine issue exist that could only be fully determined in a court after examination of parties involved in the dispute. And I have my copy of my check that reads in the memo section " For in full, last payment. as well as other supportive issues. I am a partcially disabled US Veteran, are there any such thing as pro bone attorneys I get assist, me??? And if it were you would you move to request leave to amend or simply reply to the summary motion???

If they have already filed the motion for summary judgment, you certainly want to respond and raise any genuine issues of material fact, which would result in the case going to trial. You may also want to file for leave to amend, which you would likely need to obtain permission for, from the Judge at this time, based upon where the case currently stands. You can try and call Legal Aid for help and here is a link with information on how to obtain a free pro bono attorney. http://www.floridabar.org/tfb/TFBConsum.nsf/840090C16EEDAF0085256B61000928DC/A99E4C9F07844AC385256FF90073D012
Customer: replied 3 years ago.

Thanks I appreciate your replies, last question please, if judge rules there is genuine material facts in dispute , will I beable to actual get my day in court and infront of a jury, or just a bench decision, I realize few cases every go to trial cause most people reach an agreement first, but this entire affair stems from a 150.00 dispute, which came months after the fact my paid in full check was tendered , And though I felt I didn't owe anymore monies, just to stop their attacks , I sent in directly to the Hoa , instead of the law firm, and they subsequently rejected it cause they stated it needed to go to the law firm, instead of forwarding attempted to mail back, yet working out of town I didn't receive until a month or more and at that time they added more fees, and now in the summary judgement we gone from paid in full cash check, a 150.00 dispute they had in hand to approx. 6,000.. reguested in the latest motion, double the complaint amout, I just pray I can get before a jury to argue this matter , ??? WONT ASK ANYTHING ELSE AT THIS TIME...

If their motion for summary judgment is denied, then the matter will likely proceed to trial, unless this can be resolved and worked out. For a matter like this, it will likely be a bench trial, not a jury trial and the burden would be on them to show the money owed. It certainly does sound odd that this is all over $150 fee which they could have waived, if everything else was paid in full but if they want to collect it, they are going to have to show it is owed. One of the things which they will need to show is that you were on notice of where the payment needed to be sent and your obligation to do so, was required. I understand you were out of town and the payment was returned, resulting in this additional fees but if you did not know where it needed to be sent and you made payment in good faith, they really should have waived this, to avoid having to go through the court.
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