1) First of all, someone in your situation wants to file a timely answer. This would avoid the matter going into default, meaning that the matter would be over before it begins.
2) Sample answer below:[caption] - TITLE AND PARTIES (just copy of their filing)
DEFENDANT'S ANSWER (centered)
NOW COMES Defendant, YOUR NAME, named Defendant in the above-entitled and numbered cause, and files this Answer, and shows the Court:
Defendant denies allegations in paragraph 1 of Plaintiff’s pleading.
Defendant denies allegations in paragraph 2 of Plaintiff’s pleading.
Defendant denies allegations in paragraph 3 of Plaintiff’s pleading.
Defendant denies allegations in paragraph 4 of Plaintiff’s pleading.
Defendant denies each and every allegation of Plaintiff's Complaint, and demands strict proof thereof as required by rules of evidence and procedure for the State of Colorado.
Defendant prays the Court, after notice and hearing or trial, enters judgment in favor of Defendant, awards Defendant the costs of court, attorney's fees, and such other and further relief as Defendant may be entitled to in law or in equity.
(NEW PAGE)CERTIFICATE OF SERVICE (centered)
I certify that on (date filed) a true and correct copy of Defendant's Answer was served to the opposing party.
A copy is sent to the court, certified mail, and a copy to the attorney as well, certified mail. Both return receipt requested.
This sets the matter for trial down the line, allowing the parties to negotiate.
3) The HOA can charge interest/fees if it is in the HOA documents, bylaws, etc. If not, then the Court may award interest at discretion.
4) The hardest part here is the attorney fees. The Court can award reasonable attorney fees to the victor. They may or may not get all that they ask for, if then win. In negotiating with them, one may offer to pay some
legal fees, but not that much - perhaps a fifth, and start from there. Or even none at all. The firm may be happy to simply agree to a payment plan for the overdue amount in general and drop the suit.
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