Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I just received a "complaint

Customer Question
Hi, I just received a...

Hi, I just received a "complaint for foreclosure" from my HOA in the mail. This is the first I've heard anything about any legal action about this. In addition "I received a verified motion for service by publication". Now I do owe about $900 in past HOA dues after recovering from a bankruptcy. I would like to make good on the past amount owed as well as any late penalties. However they are demanding an addition $4000 in attorney's fees and both the attorney's and management refuse to answer phone calls or emails. It sounds to me as if they are just trying to steal the 100k equity I have in my home. So my question is two fold. First is there any kind of cap or reasonable limit to recover a $900 past due HOA dues account? I am unemployed at the moment and want to clear this up reasonably, but can't begin to come up with the 5k they are demanding. I desperately need to take action, but have no idea where to even begin. Please help and advise, Thank you, ***** ***** XXX XXX XXXX XXXXXXXXXXXXXXXXX

Submitted: 3 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
6/2/2015
Lawyer: Ely, Counselor at Law replied 3 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. First, can you please tell me if you have filed an answer yet, or not?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Ask Your Own Legal Question
Customer reply replied 3 years ago

No, I have no idea on how to due that. I called the district judicial center and they said to file a response costs $158 each! However I have 4-5 separate "motions" (if that is the right term) filed. Like I said this is the first I've heard of anything like this and only in the mail a few days ago. All I want to due is pay the $900 plus late penalties, yet the costs seem to being going up exponentially.

Please advise as to the least expensive yet safe way to proceed to prevent foreclosure on such a relatively small amount. The attorney fee's alone seem to border on extortion. I have very limited reserves and need to continue the mortgage payment as a priority. Is the only way to get them to respond is to pay for all these responses? And to what effect would they have?

Lawyer: Ely, Counselor at Law replied 3 years ago
Thank you.
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:
GENERAL DENIAL
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.
(etc)
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.
PRAYER
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.
Respectfully submitted,
Your Signature
Your name

(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.
Your Signature
Your name

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.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,582
103,582 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

103,582 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,059 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

43,763 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

297 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Legal Questions
I would like to know the legal definition of extortion. I am
I would like to know the legal definition of extortion … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,053 satisfied customers
I think im being extorted for $350. I met a girl on facebook
i think im being extorted for $350. I met a girl on facebook and she asked me to send her a picture of my junk. now she wants $350 or she'll post my pic on you tube and to all my friends! SHe wants me… read more
Bill Attorney
Bill Attorney
law
2,435 satisfied customers
What dose the law state about extortion, how is it defined
What dose the law state about extortion, how is it defined by law? … read more
Ely
Ely
Counselor at Law
103,582 satisfied customers
I'm being extorted by someone. They're demanding money or
I'm being extorted by someone. They're demanding money or they'll go to the cops with a made up story. What are my options? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I am a physician who was extorted and when I filled suit
I am a physician who was extorted and when I filled suit against the party they went to the board of medicine and provided forged and coerced affidavits that said … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,059 satisfied customers
FORECLOSURE IN NJ: Mortgage company filed foreclosure
FORECLOSURE IN NJ: Mortgage company filed foreclosure complaint. Documents were never served and was unaware of the filing until I received Final Judgement, via USPS certified mail. I immediately file… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,799 satisfied customers
I believe that I'm the victim of extortion of my soon to be
I believe that I'm the victim of extortion of my soon to be ex wife The threat is in writing and demands a large sum of money or she will expose me … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I had been talking about an ex employee trying to extort
I had been talking about an ex employee trying to extort money and stealing our computer files. We retained a lawyer in Iowa because we had a case in Iowa we used him for in the past. Our attorney sen… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,124 satisfied customers
We have an ex-employee that has been trying to extort money
We have an ex-employee that has been trying to extort money from us ever since we terminated him a couple months ago. We own and operate a call center and the ex-employee was in charge of all the tele… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,124 satisfied customers
I'm being extorted and want to know what my options are.
HI, I'm being extorted and want to know what my options are. … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,053 satisfied customers
Someone is trying to blackmail/extort me for $10k, what is
Someone is trying to blackmail/extort me for $10k, what is the first step that I take? … read more
Michael Bradley
Michael Bradley
JD
1,426 satisfied customers
I believe I am being scammed and extorted by a web dating
I believe I am being scammed and extorted by a web dating site … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Question: Can you answer any extortion question? Texas
Question: Can you answer any extortion question? JA: What state are you in? It matters because laws vary by location. Customer: Texas JA: Has anything been filed or reported? Customer: Nope JA: Anythi… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,198 satisfied customers
I wanted to sue for extortion and harassment. Is that a
I wanted to sue for extortion and harassment . Is that a civil or criminal matter? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was wondering if I was committing extortion by holding
I was wondering if I was committing extortion by holding someones initial investment in a corporation when they requested it back? Because there company owes the corporation money? … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,170 satisfied customers
I live in Hawaii and had a question about extortion. Not
Hi there. I live in Hawaii and had a question about extortion. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,198 satisfied customers
Somebody try to extort me for $1000 right now on Facebook
Somebody try to extort me for $1000 right now on Facebook Messenger … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,124 satisfied customers
Is it a felony to text someone with extortion? Vt. So I
hi... Is it a felony to text someone with extortion? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x