We did talk to a mediator, and the mediator did not want to be quoted, but stated that if they went into court for the $5000.00 that she did not think that they could ask for the $3300 because it was a part of the case.
Ok. The reason that the mediator did not want to be quoted is because the mediator understood that nothing he/she says is binding or is law.So, nothing that the mediator worked out between you is binding.True if you had gone to court, the maximum that they could have gotten against you was $5000 at one time.But again, the only way that you have a binding judgment that you only owe $5000 is if the judge (not the mediator) specifically issued an order stating that you only owe $5000. I'm not talking about some statement from a mediator that that is what the court could have done. That doesn't work here.You have to specifically have a final order and judgment from the court, which states that you only owe $5000. That is the only way, in the future, to be able to use the concepts of res judicata and collateral estoppel. You have to be able to show, to any future court, an order and judgment which already resolves the facts of the case.
I have my court order from the Judge ordering me to pay the $5000.00 and the HOA treasurer is harrassing me I know because she stated in mediation that she was told by an attorney that she could collect the intire amount. But we could not come to an agreement in mediation so we went into court and the judge said couldn't work it out between you and we said no. So she issue the order to do exacting what I had been doing all along.
Is there a legal paragraph I can quote to this person from the law book because she is very irritating. She is also a neighbor and I need her to
stay in her space as a neighbor although I know she is on the board.
Since this case the HOA has hired a new company. We should have never went to court and I wrote a letter to the judge stating all they had to do was to ask me to pay more, they never did just opt to take me to court and the judge kept everything in my favor to continue paying $100 a month. We
tried to work it out in mediation but they were not willing, so we ended up
back in the court room which now Im happy we did.
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