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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34065
Experience:  16 yrs. of trial experience
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On September 2, I was given a civil law suit dated 30th of

Customer Question

On September 2, I was given a civil law suit dated 30th of August. Two weeks went by, so I finally contacted the law firm who was handling this suit. I tried to reach a suitable agreement to pay is lawsuit off and finally this past Monday I was told that the HOA denied my request and wanted payment in full. I am retired and on a fixed income. What do I do now? Rick Rowland
Submitted: 8 months ago.
Category: Legal
Expert:  P. Simmons replied 8 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 8 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Are you asking if you can force the HOA to accept your offer?

Customer: replied 8 months ago.
What legal steps do I need to take next?
Expert:  P. Simmons replied 8 months ago.

Can you tell me, is there a hearing scheduled? If so when?

Customer: replied 8 months ago.
That that I am aware of. Do I need to go to the court house and if so who do I need to talk to.
Customer: replied 8 months ago.
No
Expert:  P. Simmons replied 8 months ago.

Sorry...I am missing something...your original question said

On September 2, I was given a civil law suit dated 30th of August.

What does that mean?

Customer: replied 8 months ago.
A county sheriff came to my house and issued me a lawsuit on the 2nd of September that was dated was stamped 30 August by the clerks office.
Expert:  P. Simmons replied 8 months ago.

And what does this paperwork say?

Customer: replied 8 months ago.
Civil Action File No. CV16-0773-KA " Complaint for Judicial Foreclosure of lien and damages "
Expert:  P. Simmons replied 8 months ago.

And is there a lien on your home? If so for what?

Customer: replied 8 months ago.
That's just it, I do not know what to do next or what I should do next.
Customer: replied 8 months ago.
just my house mortgage
Expert:  P. Simmons replied 8 months ago.

So you are late on your HOA does and they are foreclosing, is that correct?

Customer: replied 8 months ago.
I missed only one payment of $150.00 a year and a half ago.
Expert:  P. Simmons replied 8 months ago.

Thank you
Your next legal step is to respond to the complaint. That is, you are being sued...there will be a hearing...and if you loose at the hearing the court will order your home sold to pay the judgment.

Consider hiring an attorney to assist. The adage "a man who represents himself has a fool for a client" is often true. If you act as your own lawyer, the court will expect you to know the law/rules/procedure/evidence just as if you were admitted to the bar. They (the court) will not cut you any slack. If the goal is to win the case, hire a lawyer.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 8 months ago.
At the time I thought it automatically renewed itself every year. But it does not and at the same time I had a lot of personal issues going on with my wife and daughter who is know living with us.
Expert:  P. Simmons replied 8 months ago.

You say

At the time I thought it automatically renewed itself every year. But it does not and at the same time I had a lot of personal issues going on with my wife and daughter who is know living with us.

Sorry...I do not understand the question...

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