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I received a summons for unpaid HOA fees. How do I go about

Customer Question
answering this? JA: Because real estate...
I received a summons for unpaid HOA fees. How do I go about answering this?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Georgia
JA: Have you talked to a lawyer yet?
Customer: No. I have to filing my answer today
JA: Anything else you think the lawyer should know?
Customer: Yes, The HOA took me to court before and the Judge dismissed the case
Submitted: 1 year ago.Category: Legal
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Answered in 3 minutes by:
8/19/2016
Lawyer: Bill Attorney, Lawyer replied 1 year ago
Bill Attorney
Category: Legal
Satisfied Customers: 1,584
Experience: Attorney
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Dear Customer ,

Thank you for your question today and it is my pleasure to be of assistance to you today. The use of this forum will not constitute any lawyer-client relationship but is strictly legal information provided by me to you. After taking my opinion on board, you should further consult with local attorney, who will be able to assess your information based on local laws and a complete interview.

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In return, after I’ve answered your question, PLEASE RATE THE SERVICE POSITIVELY BEFORE LEAVING, this ensures that I get a credit for my answer.

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Well it depends if you have any defenses to the unpaid debt.

What are the reasons that you didn't pay ?

How much is due ?

What else is stated in the summons ?

Thanks

Bill

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Customer reply replied 1 year ago
This is what it states: count one-collection of unpaid assessments
count two-Attorney Fees
Then it has Declaration of covenants, restrictions and easements for Orchard Grove
I have only today to answer or let it default into a judgement
Back in 2005 they took me to court and the Judge dismissed the case
Customer reply replied 1 year ago
Waiting for a response
Lawyer: Bill Attorney, Lawyer replied 1 year ago

Yes you should immediately go to the civil court and file an answer if you wish to deny the claim.

You have essentially two choices : (1) to file an answer with the court denying the claim

(2) to do nothing meaning that the HOA will get a default judgment.

If after discussing your options with a local attorney, you feel that you have no defense tot he allegations and that money claimed is correct, you could decide to allow a default judgment.

If you feel there is a just reason for not paying, you need to file an answer with the court immediately.

These are essentially your two choices.

I cannot help you with decision. The paperwork for filing an answer is obtainable at the clerk's office.

PLEASE REMEMBER TO RATE POSITIVELY

before leaving or follow up with me on your question.

A positive rating gives me a credit.

Best of luck

Bill

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Bill Attorney
Bill Attorney
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