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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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First of all I am property owner, I have been trying without

Customer Question

First of all I am property owner, I have been trying without success to contact the association for my property. Thus far, my FedEx mail has been returned and I have been unable to speak with anyone about this issue after many attempts. I and the management company have tried continuously over the past 11moh with no response. The first time I hear something it is a court order. It is totally illegal, I was not contacted letting me know that there was any type of legal proceedings going on. It is even more frustrating after persistently trying to reach out. Now, I have been ordered to pay a court fee? After the obvious refusal to respond to my many attempts at communicating I feel I have ground to bring a law suit to courts. I have documented evidence that I sent communication and they were ignored and now I have a lean on my property. what I should do
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
This is a very unusual situation.If the HOA has already received a court judgment against you that means that they are going to claim that they already served you with a summons and complaint, and have received a "default judgment" against you.You really will want to hire a lawyer to represent you in this matter (both to help you "vacate" whatever default judgment the HOA claims they have against you, and to prosecute any affirmative claims you may have against the HOA).You can try prosecuting this action yourself, but given the procedural process you have described you are going to be best suited by retaining a lawyer. (Hiring a lawyer does not give you any additional rights, but they do help you more fully assert your legal rights, as well as giving you a significant advantage in negotiations, particularly against parties such as these where they are ignoring process and trying to force through judgments with "sewer service").You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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