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Since a lawfirm that collects delinquent hoa fees are considered

a collection agency , if...
Since a lawfirm that collects delinquent hoa fees are considered a collection agency , if I enter into a oral agreement to repay 3 years of assessments in three equal separate payments and request they apply those payments to the oldest year first etc. till each year is paid in order in full, are they required to comply.? reason I asked is the oldest lead to a lien. And if I enter that oral agreement, of which a offer was made, an amount agreed upon, and consideration made, can they subsequently after the fact , undisclosed, unagreed upon at time of consideration made, than add an account monitor fee that basically was 20 % of the amount we stipulated... Background, I own a home in florida, bought with me GI bill ,in 1996, in 2003 the size of the home was not sufficient to house additional child, I purchased a larger second home, and leased the first to my boss with a 10 yr option to buy, He was responsible for all fees and payments, and 6 years into the lease he stopped paying and it took me two law firms, and 2 yrs to get out, after taking control I discovered delinquent Hoa fees of two years as the third year began, by virtue of a letter in the mail from a lawfirm, I contacted them , they said the amount owed, and I stated I was unaware and rather than fight it , I would agree to pay, the entire amount alledged , however because of the recent costs to retain the home and make thousands in repairs, I would prefer to pay the total amount for the past two delinquent years as well as the 3rd year that just began and now due, in three equal payments so each payment would cover each year individually. First payment cover first year in full , and so on.
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Answered in 8 minutes by:
6/13/2013
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28,684
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. The first thing to be aware of, when dealing with a situation like yours, is to ALWAYS get the terms and conditions of the payment plan in writing. NEVER enter into an oral agreement, since having something in writing protects you and prevents them from coming back at a later time and saying they never agreed to something. Moreover, these firms have hundreds or thousands of cases/files, so it is impossible for the employees and attorneys to remember all the terms of the agreement. When something is in writing, it allows all parties to remember and reference what was agreed upon. As far as your idea for repayment, they are under no legal obligation to accept it. You certainly can propose the offer to them and reduce it to writing but they can either accept it, reject it or make a counter offer. If the money is owed, technically they are entitled to it all, in one payment or they could proceed and file a lawsuit against you to collect, obtain a judgment and then enforce it. It certainly saves them time, effort and money to settle with you, outside of court but if the terms are not favorable to them, in the amount paid or the way the payment is applied, they are not forced to accept it.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
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Customer reply replied 4 years ago

I am sorry maybe I DIDNT MAKE MYSELF CLEAR, I ALREADY ENTERED INTO THAT AGREEMENT , THEY ACCEPTED AND I MADE CONSIDERATION IN THE SAME PHONE CALL BY PAYING THE FIRST PAYMENT OF THREE , AFTER I MADE THE FIRST PAYMENT THEY ADDED AN 20% ACCOUNT MONITOR FEE, AFTER THE FACT, SUBSEQUENT TO OUR AGREEMENT, NON DISCLOSED BEFORE HAND ETC. HAD IT BEEN DISCLOSED AT THE TIME OF OFFER , ACCEPTANCE AND CONSIDERATION MADE, I WOULD HAVE INSTEAD PAID ALL THREE YEARS AT ONCE TO SAVE A 20 % INCREASE IN THE OVERALL AMOUNT, I DISCOVERED THE ADDITIONAL FEE JUST PRIOR TO THE LAST PAYMENT, AND BECAUSE I DIDNT AGREE TO THAT FEE, NOR WAS PRIOR DISCLOSED AND DISPUTED AS AN AMOUT I OWED , I SENT THE 3RD AND FINAL PAYMENT AND WROTE ON THE MEMO LINE, FOR IN FULL, LAST PAYMENT. SUBSEQUENTLY A MONTH AFTER THEY TENDERED THE CHECK, THEY CALLED AND WANTED MORE, NOW WE ARE IN COURT.

Thank you for the additional information. As the moving party, the burden would be on them, to show the amount owed. If there is nothing in writing to evidence this, they are going to have a hard time proving you how additional money. After you, you have evidence that payment was made and if they want to try and get more now, after the last payment is made, they are going to need to show the Judge proof that this 20% was known and agreed upon at the time of entering into the settlement. If not, you have a valid defense.
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Customer reply replied 4 years ago

THANK YOU,I AM WRITING MY DEFENSE AS WE SPEAK, AND PART OF MY ORIGINAL QUES. WAS ARE THEY REQUIRED TO APPLY THE PAYMENTS "AS I STIPULATED" THE FIRST PAYMENT TOWARD THE OLDEST YEAR ASSESSMENT AND THE SECOND TO THE SECOND AND THE LAST TO CURRENT YEAR THAT JUST CAME DUE.? ALSO AM I ENTILED TO A RECIEPT EACH TIME I MAKE A PAYMENT FOR BACK HOA DUES ? AND FINALLY DO I LIST MY LEGAL ARGUEMENTS IN MY MOTION AS COUNTS 1THROUGH 6 IF I HAVE SIX LEGAL ISSUES TO PRESENT OR ARGUE BEFORE THE COURT RULE UPON , OR LISTS AS ARGUEMENTS 1-6, OR WHAT?

You do have an obligation to show that payments were made. If this was done by check, you can obtain a copy of your bank statements and the canceled checks, to evidence this. As far as your answer, you want to read the allegations and either admit to them or deny them or if you are unsure, state that. In addition, you want to raise an affirmative defenses, which would prevent them from collecting on the debt which they allege you owe. Typically, unless you request a receipt or pay online, where there would be evidence of the transaction, the canceled check and deduction from your bank account, would evidence payment accepted and received.
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Customer reply replied 4 years ago

THANK YOU, XXXXX XXXXX TO MOVE ON TO COMPLETING THIS MOTION , AND DO I STYLE MY 6 DEFENCIVE ISSUES AS COUNTS, 1-6 OR ARGUEMENTS 1-6, OR HOW IN MY BRIEF. SORRY, SINCE I AM RACKING MY BRAIN ALL NIGHT TO GET A REPLY TH PLAINTIFFS MOTION FOR SUMMARY JUDGEMENT, IS THERE A MINIMUM TIME FRAME THAT I WOULD HAVE TO RESPOND WITH A MOTION TO DENY SUMMARY JUDGEMENT AS A PRO SE LITIGANT BEFORE THE JUDGE RULES IN FAVOR OF THE PLAINTIFF, ITS GOING ON 14 DAYS NOW... ??? DOES THE JUDGE HAVE TO WAIT A CERTAIN AMOUNT OF DAYS TO ALLOW MY REPLY, OR ACTION ???

Mark, sorry for the delay. I was having issues with my connection. If the plaintiff filed a motion for summary judgment, then you need to read and comply with the rule 1.510 of the Florida Rules of Civil Procedure. Here is the rule itself which contains what you must do and the time in which it must be done in. http://floridacivpro.com/rules/1-510-summary-judgment/
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