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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115464
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I've received a 'Notice of Intent to lien' from a collection

Customer Question

I've received a 'Notice of Intent to lien' from a collection agency hired by the management company. They claim I owe about $2500 in unpaid and late HOA fees. Two problems:
1. I always pay the fees; I have been late of several occasions, but I always pay them including the late fees
2. I have a proof that the management company charged me late fees when I actually paid on time of multiple occasions.What do you think I should do?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: CA
JA: Has anything been filed or reported?
Customer: Wait, before we go there, I need to know how much this consultation will cost.
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: Ah, OK
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not really
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have the proof that you are up to date on payments and paid late fees where appropriate and also that you were charged late fees when you were on time, then you need to write a detailed account of this in a letter to both the collection agency and a copy to the HOA Board of Directors and Management company as well. You need to also attach copies of your proof. In the letter you need to inform them that if they continue to proceed with this process you will sue them for damages for them placing an illegal lien on your property, including for any attorney's fees incurred in having to remove the lien.
If they refuse to stop, then using a local consumer protection attorney to sue the HOA/Management Company and collection agency for all of your damages is the next step.
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